07-07-2014, 02:56 PM
Location: Historic Gulfport
464 posts, read
645,494 times
Reputation: 418
You have a very strong case based on what you have said. I doubt you even need to go through the courts.
Send a certified letter to whomever is listed on your rental agreement (the management company, the owner, or both) telling them they failed to notify you about the deposit retention via certified letter within the time period prescribed by law. Tell them you expect to receive the entire deposit, plus interest as required by law, by a date certain (give them one week from the day you have it certified at the Post Office). You don't need to threaten them or even discuss the condition of the carpet, etc. If they did not follow the law, the condition of the carpet is no longer an issue.
Send the letter to them along with the copy of State law which can be found here:
Statutes & Constitution :View Statutes : Online Sunshine
07-07-2014, 03:20 PM
27,214 posts, read
46,741,218 times
Reputation: 15667
Quote:
Originally Posted by
shark601
The man who was the property manager is the one who is agreeing that our deposit be returned. The carpet is the original contractor grade carpet put in 10 years ago. The owner hasn't been in the home since they moved out in 2009. The tenants before us had multiple dogs that chewed the base boards etc. The owner refuses to negotiate with us. I sent her notification that if we could not come to an agreement than I would see her in court. I have proof of the condition of the carpet when we moved in and like I said we got an email stating we would be receiving our full deposit back and thank you for being such GREAT tenants. How can they just change there minds and get away with it?
We had it once and we dropped the owner after we had a disagreement about with holding security deposit and the owner being unreasonable.
In our case the owner was mad that the tenant got rid of a broken washer that was 12 years old and was not covered in the lease but was left for convenience of the tenant since it was working at the time and also for convenience of the owner who didn't need it. The tenant had put in a dryer and paid for a dryer venting system that was approved by the owner and we had it in writing.
After the tenant moved out the owner wanted to deduct money for the washer that was taken away when the new one was delivered and according to the owner it could have been fixed and maybe had years left
The owner also wanted a deduction for scratches from the previous tenant which was deducted and she had received but clearly there since we had all that in writing too.
BUT you can't reason with unreasonable people. We choose the side of the tenant since the owner was wrong and aside from that we were done with her too since we were sick and tired of her unreasonable behavior for any repair needed.
We were holding the security deposit and we gave it back to the tenant and told the owner we would no longer represent her since that would be the best in this case and we never heard from her.
She could have sued us but we knew she had no case.
In your case (that is why I gave the life example) if the management company has the security deposit they should do the right thing and it is not worth defending an owner who is wrong. If the owner is holding your money than go after the owner but check the lease. It depends who's name is on the lease and if the property management company is listed than unfortunately for them you have to sue both.
If all is true which seems from your post (unless the other side has a different story that can be proven) you will have an easy small claims court case.
Gulfporter may be right that a certified letter will do but often owners like this only believe their own way of thinking and common sense is not too common any more.
07-07-2014, 03:23 PM
27,214 posts, read
46,741,218 times
Reputation: 15667
Quote:
Originally Posted by
SeaSpur
I am a pretty clean person, I hate clutter, etc and I take care of the properties I rented in the past. I'd say from college until I was 30, I probably rented 5-6 different places total. I got a partial deposit back from one of them...the rest: nothing. There was always the excuse of prepping for the next tenant...new paint, new carpet, etc.
I would go to court over $ 1200!!! Really it is aside from the principal the right thing otherwise the owner will do it to the next person too.
$ 1200 is a lot of money for most people and for sure for me too and when the OP wins in court the entire court costs and interest will be paid back and the OP can incl. serving fees, etc.
07-07-2014, 03:27 PM
27,214 posts, read
46,741,218 times
Reputation: 15667
Quote:
Originally Posted by
shark601
Thank you for the info. They neither notified us of where our deposit was being held nor did they send our notification of them retaining our deposit via certified mail. I understand that our deposit was mailed to the owner in another state so I am assuming that it was not held in a Florida banking institution.
That's a huge NO. Money can't leave the State!
You need to get legal advise a.s.a.p. and need to check the lease. Often the security deposit part is incl. in the lease as well as the name.
Don't sue the wrong person, that will cost you money.
07-07-2014, 03:31 PM
Location: South Tampa
1,163 posts, read
2,099,911 times
Reputation: 1069
Quote:
Originally Posted by
bentlebee
I would go to court over $ 1200!!! Really it is aside from the principal the right thing otherwise the owner will do it to the next person too.
I guess I don't have much experience in the court system so I didn't know the OP would recoup the $1200 plus anything he invested in fighting it- my bad!
$1200 is a lot of money but I guess I was thinking of all the work and time involved in fighting the matter...but it sounds like he has a good case, so then I reverse my opinion: go for it OP!!!
07-07-2014, 03:53 PM
27,214 posts, read
46,741,218 times
Reputation: 15667
The hardest part may be to get the owner served if the owner lives in a different state....but otherwise owner has either to give someone a POA or be in court...a no show means automatically the tenant will win....but it also depends who name is on the lease as for the owner and I hope for the property manager they filled it out correctly.
07-07-2014, 05:15 PM
12 posts, read
10,906 times
Reputation: 26
I plan on naming them both the owner and property manager in the small claims do to the fact that I don't know which one. Would rather cover all my bases as far as that goes. I am also going to take the advice to send a certified letter regarding where the deposit was held. We were never notified where it was and I will be asking for interest. Thank you everyone for the advice it is greatly appreciated!
07-07-2014, 05:35 PM
27,214 posts, read
46,741,218 times
Reputation: 15667
Keep in mind that if you sue the property management while they are not included than they may not be as willing as you hope for since they will need to defend themselves against you and you rather just stick to the party that you need to sue.
07-07-2014, 05:44 PM
12 posts, read
10,906 times
Reputation: 26
The problem with not suing the property manager for me is the fact that we have never written the owner a check or dealt with her at all for any reason now. He seems to be in agreement with us, it is the owner who is insisting on keeping our deposit. Not really sure what we should do.
07-07-2014, 06:14 PM
792 posts, read
2,291,969 times
Reputation: 822
Quote:
Originally Posted by
shark601
We recently moved out of a house we had been renting for 2 1/2 years. We have before/after pics of the damage to the house. We did a walk through with the landlord when we left and got an excellent walk through letter back from him along with a statement that we would be receiving our entire deposit of 1200 back. Numerous days later we were n informed there was an odor and the carpet would have to be replaced therefore they would be keeping our deposit. Keep in mind that this wasn't sent to us via certified mail but by email. We have been going back and forth. The LL has stated to me that he does not agree with them keeping the deposit but they refuse to return it. We were also not ever notifies as to where our deposit was being held either. What should we do now?
This is why you should never worry about taking care of a rental property. You never get your deposit back. Your better off treating it like a frat house and that way when you leave, you can feel good about them keeping the deposit.
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People in Group quarters - Agriculture workers' dormitories on farms (%)
People in Group quarters - Job Corps and vocational training facilities (%)
People in Group quarters - Other workers' dormitories (%)
People in Group quarters - Crews of maritime vessels (%)
People in Group quarters - Other nonhousehold living situations (%)
People in Group quarters - Other noninstitutional group quarters (%)
Residents speaking English at home (%)
Residents speaking English at home - Born in the United States (%)
Residents speaking English at home - Native, born elsewhere (%)
Residents speaking English at home - Foreign born (%)
Residents speaking Spanish at home (%)
Residents speaking Spanish at home - Born in the United States (%)
Residents speaking Spanish at home - Native, born elsewhere (%)
Residents speaking Spanish at home - Foreign born (%)
Residents speaking other language at home (%)
Residents speaking other language at home - Born in the United States (%)
Residents speaking other language at home - Native, born elsewhere (%)
Residents speaking other language at home - Foreign born (%)
Class of Workers - Employee of private company (%)
Class of Workers - Self-employed in own incorporated business (%)
Class of Workers - Private not-for-profit wage and salary workers (%)
Class of Workers - Local government workers (%)
Class of Workers - State government workers (%)
Class of Workers - Federal government workers (%)
Class of Workers - Self-employed workers in own not incorporated business and Unpaid family workers (%)
House heating fuel used in houses and condos - Utility gas (%)
House heating fuel used in houses and condos - Bottled, tank, or LP gas (%)
House heating fuel used in houses and condos - Electricity (%)
House heating fuel used in houses and condos - Fuel oil, kerosene, etc. (%)
House heating fuel used in houses and condos - Coal or coke (%)
House heating fuel used in houses and condos - Wood (%)
House heating fuel used in houses and condos - Solar energy (%)
House heating fuel used in houses and condos - Other fuel (%)
House heating fuel used in houses and condos - No fuel used (%)
House heating fuel used in apartments - Utility gas (%)
House heating fuel used in apartments - Bottled, tank, or LP gas (%)
House heating fuel used in apartments - Electricity (%)
House heating fuel used in apartments - Fuel oil, kerosene, etc. (%)
House heating fuel used in apartments - Coal or coke (%)
House heating fuel used in apartments - Wood (%)
House heating fuel used in apartments - Solar energy (%)
House heating fuel used in apartments - Other fuel (%)
House heating fuel used in apartments - No fuel used (%)
Armed forces status - In Armed Forces (%)
Armed forces status - Civilian (%)
Armed forces status - Civilian - Veteran (%)
Armed forces status - Civilian - Nonveteran (%)
Fatal accidents locations in years 2005-2021
Fatal accidents locations in 2005
Fatal accidents locations in 2006
Fatal accidents locations in 2007
Fatal accidents locations in 2008
Fatal accidents locations in 2009
Fatal accidents locations in 2010
Fatal accidents locations in 2011
Fatal accidents locations in 2012
Fatal accidents locations in 2013
Fatal accidents locations in 2014
Fatal accidents locations in 2015
Fatal accidents locations in 2016
Fatal accidents locations in 2017
Fatal accidents locations in 2018
Fatal accidents locations in 2019
Fatal accidents locations in 2020
Fatal accidents locations in 2021
Alcohol use - People drinking some alcohol every month (%)
Alcohol use - People not drinking at all (%)
Alcohol use - Average days/month drinking alcohol
Alcohol use - Average drinks/week
Alcohol use - Average days/year people drink much
Audiometry - Average condition of hearing (%)
Audiometry - People that can hear a whisper from across a quiet room (%)
Audiometry - People that can hear normal voice from across a quiet room (%)
Audiometry - Ears ringing, roaring, buzzing (%)
Audiometry - Had a job exposure to loud noise (%)
Audiometry - Had off-work exposure to loud noise (%)
Blood Pressure & Cholesterol - Has high blood pressure (%)
Blood Pressure & Cholesterol - Checking blood pressure at home (%)
Blood Pressure & Cholesterol - Frequently checking blood cholesterol (%)
Blood Pressure & Cholesterol - Has high cholesterol level (%)
Consumer Behavior - Money monthly spent on food at supermarket/grocery store
Consumer Behavior - Money monthly spent on food at other stores
Consumer Behavior - Money monthly spent on eating out
Consumer Behavior - Money monthly spent on carryout/delivered foods
Consumer Behavior - Income spent on food at supermarket/grocery store (%)
Consumer Behavior - Income spent on food at other stores (%)
Consumer Behavior - Income spent on eating out (%)
Consumer Behavior - Income spent on carryout/delivered foods (%)
Current Health Status - General health condition (%)
Current Health Status - Blood donors (%)
Current Health Status - Has blood ever tested for HIV virus (%)
Current Health Status - Left-handed people (%)
Dermatology - People using sunscreen (%)
Diabetes - Diabetics (%)
Diabetes - Had a blood test for high blood sugar (%)
Diabetes - People taking insulin (%)
Diet Behavior & Nutrition - Diet health (%)
Diet Behavior & Nutrition - Milk product consumption (# of products/month)
Diet Behavior & Nutrition - Meals not home prepared (#/week)
Diet Behavior & Nutrition - Meals from fast food or pizza place (#/week)
Diet Behavior & Nutrition - Ready-to-eat foods (#/month)
Diet Behavior & Nutrition - Frozen meals/pizza (#/month)
Drug Use - People that ever used marijuana or hashish (%)
Drug Use - Ever used hard drugs (%)
Drug Use - Ever used any form of cocaine (%)
Drug Use - Ever used heroin (%)
Drug Use - Ever used methamphetamine (%)
Health Insurance - People covered by health insurance (%)
Kidney Conditions-Urology - Avg. # of times urinating at night
Medical Conditions - People with asthma (%)
Medical Conditions - People with anemia (%)
Medical Conditions - People with psoriasis (%)
Medical Conditions - People with overweight (%)
Medical Conditions - Elderly people having difficulties in thinking or remembering (%)
Medical Conditions - People who ever received blood transfusion (%)
Medical Conditions - People having trouble seeing even with glass/contacts (%)
Medical Conditions - People with arthritis (%)
Medical Conditions - People with gout (%)
Medical Conditions - People with congestive heart failure (%)
Medical Conditions - People with coronary heart disease (%)
Medical Conditions - People with angina pectoris (%)
Medical Conditions - People who ever had heart attack (%)
Medical Conditions - People who ever had stroke (%)
Medical Conditions - People with emphysema (%)
Medical Conditions - People with thyroid problem (%)
Medical Conditions - People with chronic bronchitis (%)
Medical Conditions - People with any liver condition (%)
Medical Conditions - People who ever had cancer or malignancy (%)
Mental Health - People who have little interest in doing things (%)
Mental Health - People feeling down, depressed, or hopeless (%)
Mental Health - People who have trouble sleeping or sleeping too much (%)
Mental Health - People feeling tired or having little energy (%)
Mental Health - People with poor appetite or overeating (%)
Mental Health - People feeling bad about themself (%)
Mental Health - People who have trouble concentrating on things (%)
Mental Health - People moving or speaking slowly or too fast (%)
Mental Health - People having thoughts they would be better off dead (%)
Oral Health - Average years since last visit a dentist
Oral Health - People embarrassed because of mouth (%)
Oral Health - People with gum disease (%)
Oral Health - General health of teeth and gums (%)
Oral Health - Average days a week using dental floss/device
Oral Health - Average days a week using mouthwash for dental problem
Oral Health - Average number of teeth
Pesticide Use - Households using pesticides to control insects (%)
Pesticide Use - Households using pesticides to kill weeds (%)
Physical Activity - People doing vigorous-intensity work activities (%)
Physical Activity - People doing moderate-intensity work activities (%)
Physical Activity - People walking or bicycling (%)
Physical Activity - People doing vigorous-intensity recreational activities (%)
Physical Activity - People doing moderate-intensity recreational activities (%)
Physical Activity - Average hours a day doing sedentary activities
Physical Activity - Average hours a day watching TV or videos
Physical Activity - Average hours a day using computer
Physical Functioning - People having limitations keeping them from working (%)
Physical Functioning - People limited in amount of work they can do (%)
Physical Functioning - People that need special equipment to walk (%)
Physical Functioning - People experiencing confusion/memory problems (%)
Physical Functioning - People requiring special healthcare equipment (%)
Prescription Medications - Average number of prescription medicines taking
Preventive Aspirin Use - Adults 40+ taking low-dose aspirin (%)
Reproductive Health - Vaginal deliveries (%)
Reproductive Health - Cesarean deliveries (%)
Reproductive Health - Deliveries resulted in a live birth (%)
Reproductive Health - Pregnancies resulted in a delivery (%)
Reproductive Health - Women breastfeeding newborns (%)
Reproductive Health - Women that had a hysterectomy (%)
Reproductive Health - Women that had both ovaries removed (%)
Reproductive Health - Women that have ever taken birth control pills (%)
Reproductive Health - Women taking birth control pills (%)
Reproductive Health - Women that have ever used Depo-Provera or injectables (%)
Reproductive Health - Women that have ever used female hormones (%)
Sexual Behavior - People 18+ that ever had sex (vaginal, anal, or oral) (%)
Sexual Behavior - Males 18+ that ever had vaginal sex with a woman (%)
Sexual Behavior - Males 18+ that ever performed oral sex on a woman (%)
Sexual Behavior - Males 18+ that ever had anal sex with a woman (%)
Sexual Behavior - Males 18+ that ever had any sex with a man (%)
Sexual Behavior - Females 18+ that ever had vaginal sex with a man (%)
Sexual Behavior - Females 18+ that ever performed oral sex on a man (%)
Sexual Behavior - Females 18+ that ever had anal sex with a man (%)
Sexual Behavior - Females 18+ that ever had any kind of sex with a woman (%)
Sexual Behavior - Average age people first had sex
Sexual Behavior - Average number of female sex partners in lifetime (males 18+)
Sexual Behavior - Average number of female vaginal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a woman (18+)
Sexual Behavior - Average number of woman performed oral sex on in lifetime (18+)
Sexual Behavior - Average number of male sex partners in lifetime (males 18+)
Sexual Behavior - Average number of male anal sex partners in lifetime (males 18+)
Sexual Behavior - Average age people first performed oral sex on a man (18+)
Sexual Behavior - Average number of male oral sex partners in lifetime (18+)
Sexual Behavior - People using protection when performing oral sex (%)
Sexual Behavior - Average number of times people have vaginal or anal sex a year
Sexual Behavior - People having sex without condom (%)
Sexual Behavior - Average number of male sex partners in lifetime (females 18+)
Sexual Behavior - Average number of male vaginal sex partners in lifetime (females 18+)
Sexual Behavior - Average number of female sex partners in lifetime (females 18+)
Sexual Behavior - Circumcised males 18+ (%)
Sleep Disorders - Average hours sleeping at night
Sleep Disorders - People that has trouble sleeping (%)
Smoking-Cigarette Use - People smoking cigarettes (%)
Taste & Smell - People 40+ having problems with smell (%)
Taste & Smell - People 40+ having problems with taste (%)
Taste & Smell - People 40+ that ever had wisdom teeth removed (%)
Taste & Smell - People 40+ that ever had tonsils teeth removed (%)
Taste & Smell - People 40+ that ever had a loss of consciousness because of a head injury (%)
Taste & Smell - People 40+ that ever had a broken nose or other serious injury to face or skull (%)
Taste & Smell - People 40+ that ever had two or more sinus infections (%)
Weight - Average height (inches)
Weight - Average weight (pounds)
Weight - Average BMI
Weight - People that are obese (%)
Weight - People that ever were obese (%)
Weight - People trying to lose weight (%)
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