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Old 07-08-2014, 10:08 AM
 
3,299 posts, read 3,666,253 times
Reputation: 1805

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There are two sides here. To be honest I would find a lawyer who can write a letter for you and I am 99% sure you will get your money back.

Just wondering, how did you document pre-existing condition of carpet?
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Old 07-08-2014, 01:43 PM
 
12 posts, read 7,893 times
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I took tons of pictures of spots in the carpet, miscoloring, where the freying and shredding was where the tile and carpet meet. Probably about 25 pics.
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Old 07-08-2014, 05:45 PM
 
11 posts, read 9,546 times
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Not a lawyer...this is not legal advice, just some ideas:

- As mentioned, landlord must send notice that they intend to keep deposit or portion of deposit within 30 days via certified mail. You then have 15 days to object. Don't even bother getting into the condition of the carpet if 30 days has passed and you have not received a certified letter. You already win.

- Look up the small claims court in your county and file a complaint. The forms will be on the court's website (sometimes called a replevin complaint).

- No need for a lawyer. Small claims court is set up for situations exactly like this where there isn't enough $ involved to get a lawyer but still enough to make going to court worthwhile.

- Name both the landlord and the owner as defendants. Worst case, the judge will determine only one owes you the money. If you fail to name the correct party, however, you will be out of luck and have to start all over again with a claim against the correct party. Better to just name both.

- You might get interest (doubtful)...you will almost certainly not get filing fees and/or legal costs reimbursed despite what was suggested elsewhere in this thread. The filing fee isn't a large expense.

Also, make sure you provided your landlord with a forwarding address. Do not want to give them the ability to claim they had no address for cert. letter. Good luck!
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Old 07-08-2014, 05:51 PM
 
11 posts, read 9,546 times
Reputation: 10
Quote:
Originally Posted by bentlebee View Post
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.

Deposit money can't leave the state? Source?
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Old 07-08-2014, 06:49 PM
 
22,961 posts, read 33,951,270 times
Reputation: 11576
Why wouldn't the OP not get the filing fees and the court costs while we get it for every case we win in small claims court as well as other people as you can clearly see in the public records when you check the final judgments?


The winning party gets the filing fees, interest and court cost added to the money awarded and interest goes back to the day the money should have been issued.

Please explain? Or is it that you feel the OP doesn't have a strong case? From what the OP has been writing and if that is true even though I'm not a lawyer but from my experiences in court and dealing with rentals for years I think this is an excellent case to take to court unless a letter will do but I'm not as convinced as Engirl since often owners don't know the law and often have spend the money that they should have held in a separate account and just believe that the other party will not do anything and will go away as often happens.



Quote:
Originally Posted by MBIMU View Post
Not a lawyer...this is not legal advice, just some ideas:

- As mentioned, landlord must send notice that they intend to keep deposit or portion of deposit within 30 days via certified mail. You then have 15 days to object. Don't even bother getting into the condition of the carpet if 30 days has passed and you have not received a certified letter. You already win.

- Look up the small claims court in your county and file a complaint. The forms will be on the court's website (sometimes called a replevin complaint).

- No need for a lawyer. Small claims court is set up for situations exactly like this where there isn't enough $ involved to get a lawyer but still enough to make going to court worthwhile.

- Name both the landlord and the owner as defendants. Worst case, the judge will determine only one owes you the money. If you fail to name the correct party, however, you will be out of luck and have to start all over again with a claim against the correct party. Better to just name both.

- You might get interest (doubtful)...you will almost certainly not get filing fees and/or legal costs reimbursed despite what was suggested elsewhere in this thread. The filing fee isn't a large expense.

Also, make sure you provided your landlord with a forwarding address. Do not want to give them the ability to claim they had no address for cert. letter. Good luck!

Last edited by bentlebee; 07-08-2014 at 07:24 PM..
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Old 07-08-2014, 07:30 PM
 
22,961 posts, read 33,951,270 times
Reputation: 11576
Quote:
Originally Posted by MBIMU View Post
Deposit money can't leave the state? Source?
Florida tenant/landlord law section 83.49 "Florida banking institution"! Which seems very reasonable otherwise the money could be out of the country or very hard to get back. It is a clear violation if the money is not kept in a separate account and out of State.

Our realtor leases incl. the entire tenant/landlord law and since 7/1/2013 both parties have to sign all pages so both parties have the entire law and it even is stating under section C that prevailing party is entitled to his or her court cost + a reasonable fee for his or her attorney.

BTW this realtor lease has the entire law included and just to make it clear this is not just implemented for realtors but only realtors are obligated to provide the law with the lease, private persons renting out don't have to provide the law with a lease but they are of course also obligated to obey the law.
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Old 07-09-2014, 07:33 AM
 
3,299 posts, read 3,666,253 times
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Quote:
Originally Posted by shark601 View Post
I took tons of pictures of spots in the carpet, miscoloring, where the freying and shredding was where the tile and carpet meet. Probably about 25 pics.
How can you proof pictures of pre-existing condition were taking before you moved there? Do you have a copy of email you sent to the owner/manager of the property as soon as you moved with these attached pictures?
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Old 07-10-2014, 03:16 AM
 
22,961 posts, read 33,951,270 times
Reputation: 11576
I saw the other day a tenant who claimed she had pictures of how it was on the day of move in...the judge however was smarter and noticed the dates and time were not making sense.

Caught red handed so bye security deposit.

It can be proven but judges and most people use common sense. People who go the creative path usually get caught.
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Old 07-10-2014, 07:45 AM
 
3,299 posts, read 3,666,253 times
Reputation: 1805
This is where I was heading. We had renters whose dog (not disclosed to us) destroyed kitchen cabinet and they were trying to proof it was like that when they moved. They emailed me before and after pictures in pdf format on the same page. Since they never mentioned it before and never submitted the proof of damage when they move in, their proof was a piece of nothing really.
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Old 07-10-2014, 08:21 AM
 
Location: Spring Hill Florida
12,135 posts, read 11,424,338 times
Reputation: 5981
Quote:
Originally Posted by MBIMU View Post
Deposit money can't leave the state? Source?
FL Statutes -83.49 Deposit money or advance rent; duty of landlord and tenant.
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