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Old 07-07-2014, 10:26 AM
 
12 posts, read 9,078 times
Reputation: 26

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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?
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Old 07-07-2014, 11:05 AM
 
25,889 posts, read 39,185,477 times
Reputation: 13875
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.
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Old 07-07-2014, 11:58 AM
 
12 posts, read 9,078 times
Reputation: 26
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?
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Old 07-07-2014, 12:00 PM
 
12 posts, read 9,078 times
Reputation: 26
I intend I guess to sue both parties involved because I do t know who I should list. So it will be the property manager and the owner
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Old 07-07-2014, 01:13 PM
 
Location: South Tampa
1,160 posts, read 1,739,649 times
Reputation: 1041
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.

At first it bothered me but then I guess I could see their point a bit. I'd rather than charge me for it in the rent over time, but I know I don't live in a perfect world.

My point is: do you really want to go to court over $1200? The time and energy is hardly worth it. Especially when you can likely honestly admit you don't deserve it ALL back, right?
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Old 07-07-2014, 01:47 PM
 
12 posts, read 9,078 times
Reputation: 26
The house did not have new paint when. We moved in and was filthy when. We moved in. The walls, floors, bathrooms, kitchen all immaculate when we left unlike when we moved in. We did not cause any damage to this house. They didn't paint for us so why should we pay to paint for the next people?
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Old 07-07-2014, 01:50 PM
 
12 posts, read 9,078 times
Reputation: 26
Their claim wasn't to paint but to replace all of the carpeting. They claim we ripped, shredded, and tore the carpet. The damage to the carpet was there and I have the pictures (dated) to proof it. So yea it is worth it to me to get my money back which we deserve.
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Old 07-07-2014, 01:59 PM
 
Location: South Tampa
1,160 posts, read 1,739,649 times
Reputation: 1041
I understand. I have to say my experience was where I had new carpet and painting when moving in. I say go for your money but try to avoid court if at all possible so you don't have extra time and money tied up in it.
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Old 07-07-2014, 02:05 PM
 
Location: Historic Gulfport
464 posts, read 524,658 times
Reputation: 417
You didn't say where your rental was, but here's a blurb from the Pinellas County Website.

Security Deposit or Advance Rent
Security deposits or advance rent should be held by the landlord in a separate interest bearing, or non-interest bearing account, in a Florida banking institution. If it is in an interest-bearing account, the tenant is entitled to 75% of the interest accrued or 5% simple interest per year, whichever the landlord selects. Or, the landlord may post a surety bond with the Clerk of the County Court and the tenant is entitled to 5% simple interest per year on the deposit. The landlord has 15 days following termination of the rental agreement or lease to either refund the security deposit or send a certified letter to the tenant explaining the reason all or part of the deposit is not being returned. If this notice is not sent as required, the landlord forfeits his/her right to impose a claim. Should the tenant fail to give the landlord appropriate notice prior to vacating, the landlord may be released from the obligation to notify the tenant and may keep the deposit. After the landlord writes that he/she is claiming all or part of the deposit, the tenant has 15 days after receipt of the notice to write the landlord objecting to the landlord's claim. If the tenant fails to write, the landlord is obligated to return only that portion of the deposit he/she has not claimed. The law regarding damage deposits, which the landlord may require to insure payment for damages beyond normal wear and tear, varies according to circumstances. More information may be found in the Florida Statutes at FLA. STAT., Part II, Chapter 83.
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Old 07-07-2014, 02:28 PM
 
12 posts, read 9,078 times
Reputation: 26
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.
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