Miami-Failure of Return of Security Deposit (apartment, renting, tenant)

[IconRenter]

Hey Guys,

I'm new to the forum but have a complicated scenario and am wondering if this group might be able to help shed some light on this matter.

A little history on my situation first. I moved into the XXXX several years ago and the owner hired a management company, XXX Management (aka XXXX) to handle the particulars as the owner lives in France. XXX took my first months and security deposit which were both written to them. After a year, the owner fired this management company and hired a second company due to some shady dealings that XXX was involved with. When I moved out of the apartment seven months ago, it was given the o.k. and mention that I would be receiving my full security deposit back. After six weeks of not receiving the deposit the new manager informed me that she did not have control of the deposit but rather XXX had the deposit. Sadly, XXX no longer exists do to their shady dealings and neither the owner nor the management company has assisted in trying to get my deposit back. Multiple e-mails to the owner have gone un-returned with a response and the current management company basically says that it is not her problem and can do nothing to help me. It has now been seven months and I keep getting the run around.

My question is who to sue, especially if the XXX no longer exists and can I sue for punitive damages? The security deposit itself is $3150, I no longer live in the state, and the owner is located in France. Your advice is much appreciated.

Kevan

[SanyBelle]

Hi, I don't have any answers for you but you might get more responses if you asked this in the Renting Forum: http://www.city-data.com/forum/renting/

Good luck!

[AnnRyan]

Since it's been 30 days, and the owner has failed to notify you otherwise, I believe that you're probably now owed the security deposit in full under Florida law.

I would suggest its time to consult a lawyer.... while $3150 isn't that much money, it's enough to be worth a billable hour or two.

[IconRenter]

Thanks for the response guys. I've already contacted a lawyer, and though it will get complicated and likely go to court, the tenant laws seem to favor my situation.

[BNBR]

Ann is correct. 30 days is 30 days and the law is pretty clear. If they didn't send you written notice of an intent to make a claim against your deposit, then it's forfeited. It doesn't mean they can't still go after you for damages, but they would need to seek that through court and have no right to a claim against your deposit.

[ElGuito]

@IconRenter if You have the time, please post the results of your situation, it could help others in same problem.
I had something somewhat similar, the management company changed in mid term, but I went right away to the physical site and found that the "partners" had a disagreement, dissolved the company and made a new one. I also got the names of the new "managers" interestingly enough some were from France.