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Just follow the FL law on security deposits. If the LL did not do what the law states then file a claim for the return of your full security deposit plus court costs and attorney fees, if any, and be done with it.
Every case and every state is different. There is no one-size-fits-all on the outcome. The bottom line and what you should be solely focusing on is, if you have a good strong case because the LL did not follow the state statutes regarding your security deposit return, then you should have nothing else to worry about. You definitely do not want to drag anything else into this court case or it could do nothing but jeopardize your security deposit case.
You are very judgmental. You don't know the situation. I had to leave where I was because the lease was up and I did not want to stay another year. I have 2 small dogs that are my first priority but people do not want them so I had a hard time finding a roommate for a few months as I was going to buy a house but it fell thru. He did not tell me he was a slumlord. He did not tell me he had a criminal past, was a liar and a thief and a deadbeat. Yes, I made a mistake but I was in a bad situation and did not know what I was getting into.
Judgmental? Maybe; but I'm also 100% correct.
A simple internet search (for free) would've revealed his criminal history.
You will also need proof of a notice to vacate and proof that you gave the landlord your forwarding address. Judges in Florida are VERY landlord friendly.
BTW...it is not the landlords job to tell you that he's a slumlord, is a criminal or a deadbeat. Next time research the area and landlord BEFORE you move in.
He's been told this over and over in previous threads and has chosen to ignore the advice.
One simple, and free, internet search would've have told him all he needed to know about his landlord.
He has a case for the deposit, but can afford to fight it?
But let's be practical. You will be investing / risking $250 (for court costs) to maybe win a claim for $550. Then, you're gonna have to collect it from a guy who is low income (eligible for Access) whom you yourself describe as a deadbeat.
Yeah, that sounds like a good use of your obviously stretched thin finances.
Oh wait, he doesn't only have rental income I will let Access Florida also know that both he and his wife are both employed now.
I'd rather spend $250 and win a judgement and renew it in 10 years if I have to than let him get away with stealing $550 from me.
What he and other thieves want if for you to forget about your money and let it go because it will cost you money to try to get the money back that was stolen from you. But when he loses in court I will win court costs plus the amount I am suing for and will pursue whatever legal process I have to collect the money. When I have a judgment and put a lien on any property or garnish his paycheck he won't be able to hide behind being a deadbeat.
What he and other thieves want if for you to forget about your money and let it go because it will cost you money to try to get the money back that was stolen from you. But when he loses in court I will win court costs plus the amount I am suing for and will pursue whatever legal process I have to collect the money. When I have a judgment and put a lien on any property or garnish his paycheck he won't be able to hide behind being a deadbeat.
Good luck with that...
The 2015 Florida Statutes
Title XV
HOMESTEAD AND EXEMPTIONS
Chapter 222
METHOD OF SETTING APART HOMESTEAD AND EXEMPTIONS
View Entire Chapter
222.11 Exemption of wages from garnishment.—
(1) As used in this section, the term:
(a) “Earnings” includes compensation paid or payable, in money of a sum certain, for personal services or labor whether denominated as wages, salary, commission, or bonus.
(b) “Disposable earnings” means that part of the earnings of any head of family remaining after the deduction from those earnings of any amounts required by law to be withheld.
(c) “Head of family” includes any natural person who is providing more than one-half of the support for a child or other dependent.
(2)(a) All of the disposable earnings of a head of family whose disposable earnings are less than or equal to $750 a week are exempt from attachment or garnishment.
(b) Disposable earnings of a head of a family, which are greater than $750 a week, may not be attached or garnished unless such person has agreed otherwise in writing. The agreement to waive the protection provided by this paragraph must:
1. Be written in the same language as the contract or agreement to which the waiver relates;
2. Be contained in a separate document attached to the contract or agreement; and
3. Be in substantially the following form in at least 14-point type:
IF YOU PROVIDE MORE THAN ONE-HALF OF THE SUPPORT FOR A CHILD OR OTHER DEPENDENT, ALL OR PART OF YOUR INCOME IS EXEMPT FROM GARNISHMENT UNDER FLORIDA LAW. YOU CAN WAIVE THIS PROTECTION ONLY BY SIGNING THIS DOCUMENT. BY SIGNING BELOW, YOU AGREE TO WAIVE THE PROTECTION FROM WAGE GARNISHMENT
The amount attached or garnished may not exceed the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.
(c) Disposable earnings of a person other than a head of family may not be attached or garnished in excess of the amount allowed under the Consumer Credit Protection Act, 15 U.S.C. s. 1673.
(3) Earnings that are exempt under subsection (2) and are credited or deposited in any financial institution are exempt from attachment or garnishment for 6 months after the earnings are received by the financial institution if the funds can be traced and properly identified as earnings. Commingling of earnings with other funds does not by itself defeat the ability of a head of family to trace earnings.
History.—s. 1, ch. 2065, 1875; RS 2008; GS 2530; RGS 3885; CGL 5792; s. 1, ch. 81-301; s. 6, ch. 85-272; s. 2, ch. 93-256; s. 1, ch. 2010-97.
I have proof that they had rental income of $1550 a month for the 3 months I was there. I know they didn't pay taxes on it, I don't have to prove it, I can report it and then they have to prove it to the IRS, same with the state if they are getting benefits that they are not entitled to they will have to pay it back. I really just want my money but since they are deadbeats I will do whatever I can to make them pay.
There's no drama on my part. It has been over 30 days, they have not returned the security deposit nor deducted anything for damage (since there was none) so they owe the full amount.
Also I think you've been watching too much Judge Judy if you think a judge is going to throw out the case because I mention other things.
No drama? Lol. Dude your posts read like a Dr Seuss wrote a book while on acid.
Do you understand the word irrelevant? That's what some of the information brought to your case as you plan on doing is. Cases get thrown out of court all the time if paperwork is not filed correctly or the "proof" does not pertain to the case. It's a small claims court not OJ Simpson trial.
Good luck if you think a small claims judge is gonna sit there and listen to you ranting and raving about how your LL is this tax evading, state service abusing, multiple identity, alcoholic druggie. You're gonna sound like a lunatic in court.
But f it. Go to town. Let me know what happens. Before you start calling all these agencies you better learn the meaning of proof. And there could be circumstances where some can work or have a business and still be allowed to get public services. His business could be a LLC or Corporation and he makes no money or pays himself a stipend. HE makes no money. His corporation does.
Quote:
Originally Posted by reenzz
Considering that taxes from a rental property do not have to be filed until April of this year, how can you claim that they didn't pay taxes on your 3 months of rent? How do you have proof?
They could be paying quarterly. Nobody knows. Not even OP
Quote:
Originally Posted by LifeIsGood01
You're
That shows me a lot.
I won't argue with you because you are not a formidable opponent.
Do I know they don't pay taxes on the rent that they demand in cash, yes I know it, do I have proof, no. I don't need proof, they will have to prove it if the IRS questions them about it.
Nobody was arguing with you. Seems like you want to argue with everyone else. If you were wronged go to court and do your thing.
You have noooooo proof. What you have is conjecture. You assume they paid no taxes. For example. One tenant I have pays me in cash.
1. I keep the cash under my mattress and do nightly laps in a pile of cash.
2. I deposit it and pay taxes on it.
3. I run around to strip joints helping those poor girls in becoming doctors and lawyers
4. I go to Vegas once a month bet it all on red
You have no idea what I do with the cash I take in. I know what I do with the cash I take in.
No drama? Lol. Dude your posts read like a Dr Seuss wrote a book while on acid.
Do you understand the word irrelevant? That's what some of the information brought to your case as you plan on doing is. Cases get thrown out of court all the time if paperwork is not filed correctly or the "proof" does not pertain to the case. It's a small claims court not OJ Simpson trial.
Good luck if you think a small claims judge is gonna sit there and listen to you ranting and raving about how your LL is this tax evading, state service abusing, multiple identity, alcoholic druggie. You're gonna sound like a lunatic in court.
But f it. Go to town. Let me know what happens. Before you start calling all these agencies you better learn the meaning of proof. And there could be circumstances where some can work or have a business and still be allowed to get public services. His business could be a LLC or Corporation and he makes no money or pays himself a stipend. HE makes no money. His corporation does.
They could be paying quarterly. Nobody knows. Not even OP
Nobody was arguing with you. Seems like you want to argue with everyone else. If you were wronged go to court and do your thing.
You have noooooo proof. What you have is conjecture. You assume they paid no taxes. For example. One tenant I have pays me in cash.
1. I keep the cash under my mattress and do nightly laps in a pile of cash.
2. I deposit it and pay taxes on it.
3. I run around to strip joints helping those poor girls in becoming doctors and lawyers
4. I go to Vegas once a month bet it all on red
You have no idea what I do with the cash I take in. I know what I do with the cash I take in.
You seem to be confused. I am going to small claims court with proof of my payment of the security deposit and pictures of when I moved in and when I moved out. Proof of 30 days notice as written on the last month's receipt. The IRS and Access Florida thing will not be part of it, that will be my option to peruse should I choose to do so.
And I know where he and his wife are employed and it's not an LLC. He is employed and earns rental income so there is no way that he is eligible for Medicaid or foodstamps because the rental income and only one of their jobs disqualifies them.
I have proof that I paid the security deposit and it has not been returned, that's all I need.
I am done with you and you are also on ignore.
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