Judges: K. N. AYERS
Agency: Department of Business and Professional Regulation
Latest Update: Mar. 08, 1979
Summary: Dismiss action. Statutory provisions complied with by sending letter.
78-1900.PDFSTATE OF FLORIDA
DIVISION OF ADMINISTRATIVE HEARINGS
DIVISION OF HOTELS AND )
RESTAURANTS, )
)
Petitioner, )
)
vs. ) CASE NO. 78-1900
)
VIOLA F. WILLIAMS t/a )
WILLIAMS APARTMENTS, )
)
Respondent. )
)
RECOMMENDED ORDER
Pursuant to notice, the Division of Administrative Hearings, by its duly designated Hearing Officer, K. N. Ayers, held a public hearing in the above styled case on 15 January 1979 at Tallahassee, Florida.
APPEARANCES
For Petitioner: Mary Jo M. Gallay, Esquire
Staff Attorney
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304
For Respondent: Viola F. Williams
2804 Rebecca Street
Tallahassee, Florida 32303
By Notice to Show Cause served on Respondent October 2, 1978 the Division of Hotels and Restaurants, Petitioner, seeks to assess civil penalty, revoke or suspend license No. 47-300H of Respondent to operate apartment units. As grounds therefor it is alleged that Respondent failed to notify Roy Howard, tenant, of her intent to impose a claim on the tenant's security deposit within
15 days after he vacated the premises. Two witnesses were called by Petitioner, Respondent testified in her own behalf and 4 exhibits were admitted into evidence.
FINDINGS OF FACT
Roy Howard rented an apartment from Respondent from 23 October 1977 until 31 August 1978. The lease was oral with the rent of $175 payable monthly and due on the first of each and every month after October 1977.
Respondent received a security deposit from Howard in the amount of
$100 when the apartment was leased to Howard.
Sometime shortly before August 15, 1978 Howard notified Mrs. Williams by telephone that he intended to vacate the premises on 31 August 1978. No
written notice was given; however, Respondent acknowledged that actual notice was received of Howard's intention to quit the premises on 31 August 1978.
Within a few days after Howard left the apartment, Mrs. Williams inspected the apartment and found damage to wall in hall due to furniture being moved out, the apartment dirty, and damage to hardwood floors.
On 15 September 1978 Mrs. Williams sent Howard a letter outlining the above damages and a check for $31.50 representing the balance from the $100 security deposit after she had paid for the cleaning of the apartment.
Howard protested withholding part of his security deposit for cleaning and complained to Petitioner, who issued the Notice to Show Cause in this case.
At the time Howard entered into the lease with Mrs. Williams she told him his full security deposit would be refunded if he left the apartment in the same condition with respect to cleanliness and repair it was in when occupied by Howard.
Subsequent to September 15, 1978 Mrs. Williams obtained an estimate of
$115.95 to repaint the hallway and ceiling leading to the apartment occupied by Howard. No evidence was introduced indicating that any damage to the hall ceiling was occasioned by Howard's move from the apartment.
CONCLUSIONS OF LAW
The Division of Administrative Hearings has jurisdiction over the parties and subject matter of this case.
Section 83.46, Florida Statutes, provides that in a tenancy in which no specific period is named, the duration of the tenancy is determined by the periods for which rent is payable. The rental agreement here was a month-to- month tenancy.
Section 83.57, Florida Statutes, provides that a month-to-month tenancy may be terminated by either party giving written notice not less than 15 days prior to the end of any monthly period.
Tenant's obligations are contained in Section 83.52, Florida Statutes, which include keeping premises clean and not destroying or damaging any part of the premises.,
Section 83.49(3)(a), Florida Statutes, relates to security deposits and provides in pertinent part:
Upon the vacating of the premises for termination of the lease, the landlord shall have fifteen days to return said security deposit together with interest or in which to give the tenant written notice by certified mail to the tenant's last known mailing address of his inten- tion to impose a claim thereon.
* * *
If the landlord fails to give the required notice within the fifteen-day period, he
forfeits his right to impose a claim upon the security deposit.
Section 83.49(5), Florida Statutes, provides that a tenant who fails to give landlord at least seven days notice by certified mail prior to vacating the premises relieves the landlord from compliance with subparagraph (3)(a) above quoted.
From the foregoing it is concluded that the landlord, by submitting the letter of September 15, 1978, complied with the statutory provisions above quoted. There is, therefore, no basis for taking action against Respondent's license.
It is noted that this Notice to Show Cause and hearing resulted from the tenant's complaint that he should not have had any of his security deposit withheld because the apartment needed cleaning after his departure. The landlord obviously and honestly took the position that cleaning was an appropriate charge to levy against a security deposit. The County Court in and for Leon County has the jurisdiction to resolve such disputed issues of fact and law. License revocation proceedings should be reserved for serious violations by the landlord and not as an alternative to a tenant's remedy provided by the County Court. It is therefore
RECOMMENDED that the Notice to Show Cause be dismissed. Done and entered this 24th day of January, 1979.
K. N. AYERS Hearing Officer
Division of Administrative Hearings Room 101, Collins Building
MAILING ADDRESS: Room 530,
Carlton Building Tallahassee, Florida 32304
(904) 488-9675
COPIES FURNISHED:
Mary Jo M. Gallay, Esquire Staff Attorney
Department of Business Regulation 725 South Bronough Street Tallahassee, Florida 32304
Ms. Viola F. Williams 2804 Rebecca Street
Tallahassee, Florida 32303
Docket for Case No: 78-001900
Orders for Case No: 78-001900
