Need advise about a Security Deposit issue in Tampa, FL

[virgode]

Originally Posted by bentlebee

Since when does the tenant receives interest in Florida? What kind of management have you done?

..

Thats taken from Florida Statutes, I didn't pull it out of thin air. If you're a Florida property manager, you need to become familiar with the statutes there. If you're holding their money in an interest bearing account, that interest is due the tenant. You're also required to notify the tenant within 30days where that money is held.

(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;


(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or

(2) The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution.

[tilli]

Virgode - I think the statement Bentlebee is disputing is "In Florida the tenant recieves interest on ... the security deposit ..." This is true ONLY if the deposit is held in an interest-bearing account which is not required nor common. My security deposits have always been held in non-interest bearing accounts as described in part (a).

I'm sure you realize this, but I wanted to clarify in case others were confused.

[DaniellaG]

So is the person who owns the condo living in Virgina? I am thinking if you did take this to small claims that person would have to fly in? If that would be the case they may be more likely to come up with a comprimise.
I agree for the future when I am not given a check list I write down everything and have the person sign it. From a past bad experience I also take pictures and do a walk through when I leave.

[bentlebee]

If it is in a interest baring account than both parties need to sign for it which hardly ever is done....and interest will go to the tenant. I'm aware of that, but it sounded to me like you were saying that it has to be like that. Most people have different escrow accounts.

[DaniellaG]

I have rented a few places in FL and never recieved interest or was told what account it was held in. It was through a private owner and a real estate agency. In FL it seems something may be a law but not always is followed.

[FloridaJohnny]

Originally Posted by DaniellaG

So is the person who owns the condo living in Virgina? I am thinking if you did take this to small claims that person would have to fly in? If that would be the case they may be more likely to come up with a comprimise.
I agree for the future when I am not given a check list I write down everything and have the person sign it. From a past bad experience I also take pictures and do a walk through when I leave.

I tried to compromise by making two different offers. The first one, I offered to pay the $85 for the carpets and 1/2 of the cleaning. It was rejected. My second and final offer was to offer $85 for the carpet cleaning, $325 for the cleaning(even though this is not justified) and $315 towards the paint for a total of $725. I have not heard back yet. I contacted a Real Estate agent that deals with rentals. He said it is normal procedure for Landlords to paint when a tenant moves out. He also said all of the fees are way to high also. He said to file a Small Claims case and that I should have an excellent chance at winning. He also said he would get his Attorney friend to write a threatening letter if I needed it, before filing the claim. What do you think I should do next? I am 46 years old and have rented and owned various places and have never had any problem like this. We are a quiet family that does not cause any problems. I feel like he is trying to take advantage of us.

[FloridaJohnny]

I just spoke with an Attorney. He said that the case is not worth hiring an Attorney for but that I should file a Small Claims case myself. He said to sue both the Landlord and the Management Company. I just need to do my research now.
He also said I should not be responsible for any of the money that they are claiming.

[bentlebee]

Originally Posted by FloridaJohnny

I just spoke with an Attorney. He said that the case is not worth hiring an Attorney for but that I should file a Small Claims case myself. He said to sue both the Landlord and the Management Company. I just need to do my research now.
He also said I should not be responsible for any of the money that they are claiming.

I'm not a lawyer...and the lawyer should know but I don't think you can get away from all fees but for sure the paint is way to high.

This week we had a tenant who moved out and had only basic cleaning done by a professional carpet cleaning and hardly any stains were out. We explained to him that either he or us could call a company and he said we could call for an estimate which we did at the same company he had used and declined deep cleaning...They charged $ 475 for deep cleaning and when we said it was way too high and told them to leave the property we were offered $ 275.-...we declined since we don't trust any one who is inflating the prices and within seconds goes $ 200 lower.

We called the company we normal use and they charge $ 197.- and we have in writing that the tenant agrees to have that deducted.

So I would suggest you get a quote from another company for the carpets too.

AND as I stated before I would also sue them in small claims court for your sec. deposit and show them what you offered and that it was a one time offer and now you want more money back then what you offered before...

You have to agree to reasonable deductions.

I'm not sure what names are on the lease...it might be that you have to sue the management company or the owner or both as the lawyer stated.

Start reading on the internet about small claims court, it is not that hard. I won all my cases and I had no experience before I sued my tenants...I know the other way around but the result is what counts and to me you have a great case.

[virgode]

Originally Posted by tilli

Virgode - I think the statement Bentlebee is disputing is "In Florida the tenant recieves interest on ... the security deposit ..." This is true ONLY if the deposit is held in an interest-bearing account which is not required nor common. My security deposits have always been held in non-interest bearing accounts as described in part (a).

I'm sure you realize this, but I wanted to clarify in case others were confused.

Yes, I knew that but had she read the statutes I posted it clearly states such. I never posted that security deposit in Florida must be in an interest bearing account. All I did was post the statutes to help the OP. There was no need for her snide comment.