Security Deposit Question Cape Coral FL NEED LEGAL ADVICE (leasing, HOA)

[pinki1230]

[SIZE=3][FONT=Calibri]Cape Coral Florida. I lived in a rental house for 2 1/2 years, but only signed a lease for the first year. I was always on time and never late paying my rent. In the lease it stated no smoking in the house. After the first year, they wanted to raise the rent but we asked the rental agency to as the owner not to raise it and they stayed with the same amount. We were then supposed to sign a new lease but we never received one. We were on a month to month rental with them and with a courtesy to let them know 60 days in advance of us moving out. When I moved out I left the house spotless and had all the rugs professionally cleaned as per the agencies request. I was positive I would get my full deposit back. Wow, was I wrong. The rental company didn't give me back my deposit of $925.00 because the house smelled like smoke. Do I have the right to get that $925.00 deposit back because I never signed another lease? I can’t afford a lawyer and really need this deposit back. If I hired a lawyer they get a percentage and if I file with small claims court there are fees with that as well. If I have a leg to stand on, I will file a small clams suite against them but only if my chances are better than good that I will get it back. I have moved back in with my mother, that’s how bad things are getting. I really need some good legal advice. [/FONT][/SIZE]
[SIZE=3][FONT=Calibri]Thanks in advance for any help that I get. [/FONT][/SIZE]
[FONT=Calibri][SIZE=3]Stressed out![/SIZE][/FONT]

[Hemidancer]

No one but an attorney can provide you with legal advice, and I don't think any attorney in his right mind is going to provide legal counsel in an Internet forum without meeting you face to face. Have you tried any legal aid services, such as legalhelpnow.org or floridalawhelp.org, or some other legal aid service? Just google 'free legal aid in Florida' and you'll find all kinds of information. Best of luck to you.

[equalrightsforeveryone]

If you did everything you were supposed to do.
Then I would take them to small claims court, going that route many people can recover what normally would be lost to them, And if FL is like other states the looser has to pay the court cost.
It does not cost a lot to file so give it a try.

[rikoshaprl]

Sometimes a letter to the state attorney general can help. Include any backup, like receipts for the carpet cleaning and photos of the clean house. New paint would most likely get rid of the smoke odor and I doubt you were responsible to paint before you moved. CC the rental agent with your letter to the A.G. Then the A.G. will most likely respond to them too. The agency needs a license from the state and may feel pressured to step in.

[Billythepokerkid]

Originally Posted by pinki1230

[SIZE=3]Cape Coral Florida. I lived in a rental house for 2 1/2 years, but only signed a lease for the first year. I was always on time and never late paying my rent. In the lease it stated no smoking in the house. After the first year, they wanted to raise the rent but we asked the rental agency to as the owner not to raise it and they stayed with the same amount. We were then supposed to sign a new lease but we never received one. We were on a month to month rental with them and with a courtesy to let them know 60 days in advance of us moving out. When I moved out I left the house spotless and had all the rugs professionally cleaned as per the agencies request. I was positive I would get my full deposit back. Wow, was I wrong. The rental company didn't give me back my deposit of $925.00 because the house smelled like smoke. Do I have the right to get that $925.00 deposit back because I never signed another lease? I can’t afford a lawyer and really need this deposit back. If I hired a lawyer they get a percentage and if I file with small claims court there are fees with that as well. If I have a leg to stand on, I will file a small clams suite against them but only if my chances are better than good that I will get it back. I have moved back in with my mother, that’s how bad things are getting. I really need some good legal advice. [/SIZE]
[SIZE=3]Thanks in advance for any help that I get. [/SIZE]
[SIZE=3]Stressed out![/SIZE]

I noticed no mention of whether or not you smoked in the house. If you did your deposit is gone. All the terms of the lease are still valid when you go month to month and probably says so in the lease. If it doesn't, just because the lease runs out doesn't mean you get to do whatever you want in someone's house. For example..If it said no pets and you got a dog without landlord approval, your deposit is probably gone. Smoke and the effects of smoking in a home are very expensive to remedy. If you did not smoke in the home and can prove it, talk to a lawyer, although they take a %, you can usually include that amount and court fees in your claim.

[Tialynn]

My wife and I are leasing a home and we went through a leasing agency and signed for a 1 yr. lease. In the lease their was a disclosure stating that there was no knowledge of defective drywall. The owners came a week a go and informed us that the house had Chinese Drywall and the drywall was replaced. I checked the permits for this particular address and the permits are replacement of drywall and Air conditioning unit outside. There is no mention of electrical, etc. The ground wires are black instead of bright copper and there is residue on the hinges and door knobs. We have been sick with sore throats, sinus infection, etc. since we moved in. My wife has a serious illness and she kept saying since we moved in here 3 mths. a go I just don't feel very well. Does anyone know if we have the right to break our lease and have our deposit returned? The medical bills are mounting for my wife and I am worried regarding her health and all the doctors tell us to leave the house. I guess it's easier said than done since we but down a deposit of $1750 and have been paying $1600 monthly. I could use some information at this point and I know that Florida is full of homes with Chinese Drywall. HELP!!!!

[MartyGras]

Originally Posted by Tialynn

My wife and I are leasing a home and we went through a leasing agency and signed for a 1 yr. lease. In the lease their was a disclosure stating that there was no knowledge of defective drywall. The owners came a week a go and informed us that the house had Chinese Drywall and the drywall was replaced. I checked the permits for this particular address and the permits are replacement of drywall and Air conditioning unit outside. There is no mention of electrical, etc. The ground wires are black instead of bright copper and there is residue on the hinges and door knobs. We have been sick with sore throats, sinus infection, etc. since we moved in. My wife has a serious illness and she kept saying since we moved in here 3 mths. a go I just don't feel very well. Does anyone know if we have the right to break our lease and have our deposit returned? The medical bills are mounting for my wife and I am worried regarding her health and all the doctors tell us to leave the house. I guess it's easier said than done since we but down a deposit of $1750 and have been paying $1600 monthly. I could use some information at this point and I know that Florida is full of homes with Chinese Drywall. HELP!!!!

Contact an attorney..if they think you have a case you could potentially have a large lawsuit.
Just because they didn't know there was Chinese drywall doesn't mean they are not responsible.

Gary

[CCRESI]

I am not an attorney and this is not legal advice....


...with that being said, landlords and tenants have duties and rules to abide by.

Please read:

Statutes & Constitution :View Statutes : Online Sunshine

Upon vacating of the premises for termination of the lease:

• If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,
• Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.
• If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit

Hope this helps!

Again, not legal advice.

Good luck to you!

[Yitzie3165]

I have a yearly lease stating the owner pays water sewage and garbage . There is a note on everyone's front doors today staying our buildings water will be shut off ( certain days per building from 8-6 ) starting Monday to install individual water meters. Also water and deposits to utility company must be established immediately. The security deposit is a small fortune alone. My question if lease states owner pays these specific utilities and mentions nothing in regards to h.o.a.changing to individual pay or any other stipulations or changes wouldn't owner be responsible for this. The h.o.a. also wants 250.00 "security"? If I don't comply because I signed lease with these included will they have right to turn my water off?

[Kim in FL]

Originally Posted by Yitzie3165

I have a yearly lease stating the owner pays water sewage and garbage . There is a note on everyone's front doors today staying our buildings water will be shut off ( certain days per building from 8-6 ) starting Monday to install individual water meters. Also water and deposits to utility company must be established immediately. The security deposit is a small fortune alone. My question if lease states owner pays these specific utilities and mentions nothing in regards to h.o.a.changing to individual pay or any other stipulations or changes wouldn't owner be responsible for this. The h.o.a. also wants 250.00 "security"? If I don't comply because I signed lease with these included will they have right to turn my water off?

When you talked with your landlord about this, what did they say?

The HOA pretty much has total control over that property, so if they decide to go with individual meters, then they go with individual meters..nothing you or you landlord can do about it. You need to find out from your landlord how they are going to deal with this.

Generally, if the community is improving on something, all they have to do is give you proper notice of the change and a deadline of compliance. Do you have to comply? Well, that depends..do you want to continue living there? If so, then yes, you need to do as requested or move out.

Your security deposit has no bearing on this situation, but why is the HOA asking for a security deposit? Is it in regards to the water meters or your leasing arrangement? Generally, HOA do not ask for security deposits on leases, but do ask for deposits on keys, parking passes, etc..


Talk to your landlord and then please post an update.