security deposit being withheld (Brandon, Spring Hill: landlord, live, costs)

[shark601]

I printed the pictures at cvs and the date is stamped on the front of the date pic was. And the date is printed on the back of when I printed them at cvs. I also emailed the pics to the property manager and I also have a copy of that. So yes the pics are legit! I DO NOT destroy other people's property nor do I then try to lie about it. I will be going to small claims court.

[EngGirl]

Before doing so I suggest you to write a letter stating everything and mail it with certified mail. If people your are dealing with are not crazy, they will give your money back without getting to the small claims court. Just make sure you put everything is written including references to the pictures of pre-existing condition

[bentlebee]

Originally Posted by shark601

I printed the pictures at cvs and the date is stamped on the front of the date pic was. And the date is printed on the back of when I printed them at cvs. I also emailed the pics to the property manager and I also have a copy of that. So yes the pics are legit! I DO NOT destroy other people's property nor do I then try to lie about it. I will be going to small claims court.

It seems you have done everything you should and could have done and if everything is as you have stated than you should be able to follow the steps listed on the clerks website hot to file for small claims court.

Good luck and I hope you will post the result since some posters never come back to let us know what the outcome was.

[Vannort54]

Originally Posted by bentlebee

From your post I assume there is a 3rd party in place like a management company or a realtor representing the owner?

Did you have a lease?

Not disclosing where the deposit is kept is a violation and can be brought up in court but it may be a minus for the other side but not immediately a point that you will win the case just because of that. You will need proof in writing form the owner that he doesn't agree to keep the money. If you have a lease than check who is the party mentioned you had an agreement with since often 3rd parties make an error when filling out a lease and between which parties the lease is and also important is who signed the lease and are they authorized to sign.

How old is the carpet and can they proof it. Since you have the letter of getting the money back that seems to be a lot of proof but you need to know if you go to court who to sue. If you sue the wrong party you will be wasting court fees and serving fees.

In Florida they do not have to tell you were your deposit is. Also Florida dose not have to pay interest on your deposit.

[Spring Hillian]

Originally Posted by Vannort54

In Florida they do not have to tell you were your deposit is. Also Florida dose not have to pay interest on your deposit.

You should read FL Statues 83.49 because the info you provided is not correct.


They do and they do.

[Vannort54]

Originally Posted by Spring Hillian

You should read FL Statues 83.49 because the info you provided is not correct.


They do and they do.

I'm sorry 1/2 of my answer was not correct the LL dose not have to put into a account that pays interest.

Q: Is a Florida landlord required to keep security deposits in separate accounts?
A: Florida does require landlords to keep a tenant's security deposit in a separate account but it needn't earn interest during the tenancy. If a landlord chooses to keep a tenant's deposit in an interest-bearing account, then the landlord must pay the tenant either 5% interest or 75% of the actual interest rate, as the landlord prefers (unless the tenant wrongfully ends her lease). Alternatively, the landlord may post a surety bond.

[rezfreak]

I'm confused, you mean they have to pay you back more in security if you get it all back? We rented for 4 years with a 1300 security deposit, so does the landlord keep that interest or the tenant?

according to the statute, they can put it in a non interest account unless i'm reading it wrong.

(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;

[Spring Hillian]

Originally Posted by rezfreak

I'm confused, you mean they have to pay you back more in security if you get it all back? We rented for 4 years with a 1300 security deposit, so does the landlord keep that interest or the tenant?

according to the statute, they can put it in a non interest account unless i'm reading it wrong.

(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;

Read the (b) subsection. It is LL choice to go with interest bearing or not. I don't know anyone who would give up 25 percent of anything.

What does your lease say?

[rezfreak]

Originally Posted by Spring Hillian

Read the (b) subsection. It is LL choice to go with interest bearing or not. I don't know anyone who would give up 25 percent of anything.

What does your lease say?

It says nothing about what account its going into.

[Spring Hillian]

Originally Posted by rezfreak

It says nothing about what account its going into.

The law says a landlord is required to notify the tenant in writing no more than 30 days after receipt of the security deposit. The notice shall state:

A. The name and address of the bank or institution where the security deposit is being held.
B. If the tenant’s funds are being kept separate or if they are being commingled with other funds for the benefit of the tenant
C. The interest rate at which the security deposit is being held (if it is being held in an interest bearing account)
D. This notice can be delivered by mail or in person.

Does your landlord lease out 5 or more properties or units? If so landlord did not conform to section
B. Did landlord do a,c,d? If not he broke the law. What is your recourse? I dont know, but a landlord tenant attorney should be able to tell you. You may want to read FS 83.