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I'm currently moving out of my apt. and I know Landlord is selling it. I gave a deposit which should go back to me within 30-45 days because main office needs to release it to my landlord. To add to this whole story my landlord lives abroad. I'm worried that he will sell the property within 30-45 days and then disappear with my deposit. Is there a lien I can put on the property to prevent sale until deposit is paid? And how would I go about doing that?
To add to this whole story my landlord lives abroad.
I'm worried that he will sell the property within 30-45 days and then disappear with my deposit.
This detail doesn't "add to" the story... it IS the story.
Quote:
Is there a lien I can put on the property to prevent sale until deposit is paid?
And how would I go about doing that?
I bet you could do that... or at least ask for it.
Is the amount enough to justify the effort of going to Court etc?
Quote:
I'm currently moving out of my apt.
I gave a deposit which should go back to me within 30-45 days
Most areas have laws requiring the LL/Owner/Property Manager to provide a tenant with an accounting
within X days of moving out. Actually getting the cash, part or whole, will relate to that and the condition report.
So be sure your "damage" doesn't exceed the 'wear and tear" level.
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Who is your lease with? Who did you pay the deposit to?
The owner directly or the property manager?
I'm currently moving out of my apt. and I know Landlord is selling it. I gave a deposit which should go back to me within 30-45 days because main office needs to release it to my landlord. To add to this whole story my landlord lives abroad. I'm worried that he will sell the property within 30-45 days and then disappear with my deposit. Is there a lien I can put on the property to prevent sale until deposit is paid? And how would I go about doing that?
I do live in Florida and deposit is in the amount of $1700. Apt. is actually in a better condition then when I moved in, I did a lot of maintenance work without charging for labor.
You don't get to put a lien on the property you rented.
if the landlord doesn't return the balance of a deposit that you are legally entitled to, you take him to small claims court. At small claims court, if the judge agrees with you that the landlord owes you money, the judge will issue a judgement.
Once you have the legal judgement, if you don't get paid, you can turn the judgement over to a debt collection agency.
if you place a lien on the property before the deposit refund is even due and there is no proof about money owed to you or how much is owed you, ( and I don't think it would be allowed), and the lien interferes with the sale of the property, you can be in serious and extremely expensive legal trouble.
A good landlord/property management team would place any and all deposits in a separate and untouched account and remove it only to pay back the leaving renter with cost of repairs and damages created by the renter during their time.
As the property management for your deposit back. Depending on the state and the laws regarding deposits they may have a certain amount of time to process the damages and adjust the remaining deposit accordingly. If they are telling you to get it from the landlord, then your probably dealing with a shifty management team/landlord duo and asking a real estate/tenants lawyer or advisory group is your best bet for getting advice on how to handle this situation.
It seems that your anticipating your landlord is going to do the bad thing, which is fair but wait until things actually get in motion and you truly move out. In the meantime familiarize yourself with Florida and your municipal tenant/landlord laws and regulations. It also would help to know what tenant support groups are around you is your thinking of continuing to rent. People on CD can only suggest so much and in most cases the best advice here will be talk to a lawyer/tenancy law group and read your regulations.
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