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If so, do nothing for now. Give it a few days for the letter to arrive past the 30 day deadline. If it isn't post marked by the 30 days, they are obligated to return the full deposit to you.
A court claim will most likely have to be filed to make this happen. In the meantime, why shouldn't the OP simply dispute the proposed deductions in an effort to resolve the problem?
I assume they have your current mailing address and/or you have put in for a change of address with the post office?
If so, do nothing for now. Give it a few days for the letter to arrive past the 30 day deadline. If it isn't post marked by the 30 days, they are obligated to return the full deposit to you.
Carpets should be cleaned between tenants and unless their was abnormal damage/staining it's just the cost of doing business that you are not liable for.
Both. Forwarding is active and when we turned in the keys I wrote them my new address.
A court claim will most likely have to be filed to make this happen.
So be it. Then the landlord can pay damages and legal fees as well. There is also an argument that security deposit deductions fall under Florida Consumer Collection Statutes and open the landlord up to a potential $1000 statutory fine as well. I'm looking for caselaw to confirm this.
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In the meantime, why shouldn't the OP simply dispute the proposed deductions in an effort to resolve the problem?
Two reasons.
- The OP is right up to the 30 day limit. If the landlord misses the deadline, they have to return the entire deposit.
- If they go ahead and initiate the dispute now it gives the landlord ammunition to argue that the certified mail requirement should be waived. I don't know that such an argument would work, but why give take the chance.
My husband and I keep waffling back and forth if its worth the hassle. We're currently in georgia, so filing a suit against them would require a 5 hour drive back and forth. I'm not sure that the 200 some odd dollars is worth it even though it angers me so much that they're sticking us with general upkeep. If we decide to just take the money as is, then once the check clears, I will be writing them a "lovely" letter expressing my displeasure (GFYS will be included in the letter) and emailing the company's corporate headquarters about what kind of business they are running.
My husband and I keep waffling back and forth if its worth the hassle. We're currently in georgia, so filing a suit against them would require a 5 hour drive back and forth. I'm not sure that the 200 some odd dollars is worth it even though it angers me so much that they're sticking us with general upkeep. If we decide to just take the money as is, then once the check clears, I will be writing them a "lovely" letter expressing my displeasure (GFYS will be included in the letter) and emailing the company's corporate headquarters about what kind of business they are running.
Simple solution: Hire an attorney to appear on your behalf. Then the landlord has to pay for that as well.
While true, i dont have the upfront funds for the attorney. The military is taking their sweet time reimbursing us from the move up here.
If it comes to that, see if the JAG will give you a referral to a civilian lawyer. It wouldn't be too difficult to find someone to take the case for little to no cost upfront cost.
If it comes to that, see if the JAG will give you a referral to a civilian lawyer. It wouldn't be too difficult to find someone to take the case for little to no cost upfront cost.
Lawyers always have an answer.
Nonetheless, this is a Small Claims court case and although FL is one of the states which do allow attorney representation in SC court, surely the most the OP could personally gain is the return of the total security deposit. The OP will still have to be present for the hearing and of course since mediation is the first order of the day before a case proceeds, the whole matter could be resolved in the conference room. In any event, whether the issue is resolved through mediation or in court, the OP won't regain any travel expenses or lost time from work. If the OP prevails, she will be made whole and the attorney will be paid in full. But the "whole" is a mere $1300. No punitive damages, no "pain and suffering", no travel expenses, no reimbursement for general aggravation and loss of sleep ...
It simply makes the utmost sense to me to dispute the charges and try to reach a compromise rather than going through a multitude of hoops amidst a cacophony of bells and whistles. The OP has ample ammunition to present the LL with a valid dispute and there is just as much chance of her gaining a compromise as not.
In Los Angeles mediation occurs about 30-60 minutes before the case is heard in court.
Exactly the same process is followed in the majority of states. FL included, where this claim would be filed - as mentioned above.
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