Florida security deposit (I am in the military)

[TPA_FLRenter]

A little background information...

I moved in to this place in May 2009. I signed a month to month hand written lease, because I am in the military and it was a last minute thing. The lease states the terms, the monthly rent amount, and the deposit amount. We did a quick walk through the home to identify deficiencies, and of course the LL said, “He would have his guy come over to fix them.” When I moved in, the pool was filthy and I have seen ponds that looked more appealing to the eye than this thing. The LL stated,”He would have his guy come over to clean the pool,” which never happened. I ended up cleaning the pool myself, but hey, no issues with that. I took pictures of the property

Moving forward to February 2010…

As soon as I found out that I was deploying in March 2010, I gave my Land Lord (LL) a notice over the phone during the first week of February, which is plenty of time to give a notice for a month to month lease. So during the month of February, I had no problem showing potential future renters the home they were interested in. I made multiple attempts to acquire a valid address for my LL to send certified mail to. I never did get an address out of him. He never returns my phone calls to acknowledge my address that I left on his voicemail.

When I left the house, everything was more appealing to the eye then when I moved in. The yard was free of leaves, the pool was crystal clear, and the house was completely clean.

1 March 2010…

The property now has new renters in it. I helped them unload their 27 foot U-Haul in hopes that I could make a friend and use them in a small claims case, when I return from this deployment. The renters had no issues with the condition of the house. The landlord walked through the home with the renters and I, and did not state any issues to me.

While I am deployed, what actions should I take to sway the case in my favor?

Your advice will be greatly appreciated. Sorry for the winded post. Thanks for reading.

[sandyclaus]

Originally Posted by TPA_FLRenter A little background information... I moved in to this place in May 2009. I signed a month to month hand written lease, because I am in the military and it was a last minute thing. The lease states the terms, the monthly rent amount, and the deposit amount. We did a quick walk through the home to identify deficiencies, and of course the LL said, “He would have his guy come over to fix them.” When I moved in, the pool was filthy and I have seen ponds that looked more appealing to the eye than this thing. The LL stated,”He would have his guy come over to clean the pool,” which never happened. I ended up cleaning the pool myself, but hey, no issues with that. I took pictures of the property Moving forward to February 2010… As soon as I found out that I was deploying in March 2010, I gave my Land Lord (LL) a notice over the phone during the first week of February, which is plenty of time to give a notice for a month to month lease. So during the month of February, I had no problem showing potential future renters the home they were interested in. I made multiple attempts to acquire a valid address for my LL to send certified mail to. I never did get an address out of him. He never returns my phone calls to acknowledge my address that I left on his voicemail. When I left the house, everything was more appealing to the eye then when I moved in. The yard was free of leaves, the pool was crystal clear, and the house was completely clean. 1 March 2010… The property now has new renters in it. I helped them unload their 27 foot U-Haul in hopes that I could make a friend and use them in a small claims case, when I return from this deployment. The renters had no issues with the condition of the house. The landlord walked through the home with the renters and I, and did not state any issues to me. While I am deployed, what actions should I take to sway the case in my favor? Your advice will be greatly appreciated. Sorry for the winded post. Thanks for reading.

I don't understand. Sway WHAT case in your favor?

You gave notice. Your LL accepted your notice. New tenants have already moved in to replace you. Once the new tenants signed the lease, your obligation under the original lease terminates. End of story.

So what is the problem that you are so concerned with?

I don't see a problem here either. What case? You only needed to give the LL a 15 day notice in FL for a m2m agreement. If you were terminating a lease under the SSCRA, you would have had to give written notice, a copy of the deployment orders, and a 30 day notice. Good thing you didn't have a lease! (But in future, always give your notice to vacate in writing so he can't say he didn't get one.)

You gave notice, he accepted it. He found new tenants (good for him), and you should receive your deposit back in the mail soon. What's the problem?

Originally Posted by Unregistered I don't see a problem here either. What case? You only needed to give the LL a 15 day notice in FL for a m2m agreement. If you were terminating a lease under the SSCRA, you would have had to give written notice, a copy of the deployment orders, and a 30 day notice. Good thing you didn't have a lease! (But in future, always give your notice to vacate in writing so he can't say he didn't get one.) You gave notice, he accepted it. He found new tenants (good for him), and you should receive your deposit back in the mail soon. What's the problem?

My deposit is 1300.00. When i signed the lease with the LL, he requested the deposit to be in cash, so I'm willing to bet that the money was gone the day I gave it to him.

When the new tenants signed the lease, the LL and tenants aggreed to pay the deposit over 3 months time. I'm no longer liable for the property, and now he has new tenants with another depostit. Why would'nt the LL just give me the deposit back, as soon as the tenants were moved in? Probably because he doesnt have my money. Why wouldn't he simply return my phone calls or my and give me an acknowledgment that he received my message? Probably because he has no intentions of giving my deposit back.

This guy is not going to send me the deposit. He has a history of screwing people over. I want to have done everything a tenant can possibly do, so that in the event i need to take him to court, I will have everything I need (i.e certified mail sent to him stating new address, etc.)

[TPA_FLRenter]

(Reply to Sandyclaus) Sorry, I'm new to forums. It won't happen again.

The problem is the LL is going to screw me out of my deposit ($1300.00) just as he did with the last tenant. The CASE will be my small claims case that I will file when i get back to Tampa in 7 months.

This guy has played the game in court before. I can already see him saying some crap like "Well, my tenant didn't give me valid address, so i coudn't send him his deposit." From what I have read, certified mail is really the only thing that has any weight in a court case. All the messages that I left him with my address in the voice mail won't matter in court. He'll simply say, "I didn't get any messages."

What do I need to do? Any Ideas?

You don't understand the law at all. You were no longer liable, as a m2m tenant, as soon as you gave proper notice and moved out. (You would only have been liable if you had a term lease that you were breaking to move out.) You were under no obligation to find new tenants. You were not liable for rent until it was re-rented. The new tenants have nothing to do with you. Whether that unit was rented the next day or never, it doesn't affect your liability. How the new tenants pay their obligations to the LL isn't your concern. It has no bearing on you.

The LL does not have to give the deposit back the next day. LLs are given a period of time, by the state statutes, to return this deposit to you. The LL is allowed to keep the deposit up to the end of that deposit return period. The LL has that time, starting from the day you return possession to him (move out and give him the keys), to get that money back to you. Some states say the deposit must be in the mail (postmarked) by this date, others say it has to be in your hands by this date. But until that date elapses, you have no claim on the LL and can file no case.

If you gave a cash deposit to the LL, surely you got a signed receipt for it? If so, you have proof that he got it and is responsible to return it to you, minus deductions for damages beyond reasonable wear & tear, within the state's time line. Per FL statute, you were to be notified of the bank where the deposit was on file. Were you? And if not, didn't you ask the LL where your deposit was being held? Why not? You need to know the law for the state in which you rent.

He does not have to communicate with you, return your calls demanding the deposit before its due, or in any other way acknowledge you until that deposit return time comes. You are jumping to conclusions about what MAY happen. Wait until the time period has lapsed, before you worry about not getting that deposit. Per FL statute: 83.49 (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. ... (It goes on to describe the way the statement should look.)

You can protect yourself in the meantime by sending him your new mailing address. Hopefully you documented the condition of the unit at move out (took pictures.) Be sure to pay final utility bills. (Some areas make the LL liable for utilities if a tenant doesn't pay them. If your area does, he can deduct these from that deposit as a monetary damage.) Beyond that, wait it out. If he doesn't return it, send a certified letter demanding the return of the entire deposit. Then file against him in small claims court if he doesn't.

Originally Posted by Unregistered You don't understand the law at all. You were no longer liable, as a m2m tenant, as soon as you gave proper notice and moved out. (You would only have been liable if you had a term lease that you were breaking to move out.) You were under no obligation to find new tenants. You were not liable for rent until it was re-rented. The new tenants have nothing to do with you. Whether that unit was rented the next day or never, it doesn't affect your liability. How the new tenants pay their obligations to the LL isn't your concern. It has no bearing on you. The LL does not have to give the deposit back the next day. LLs are given a period of time, by the state statutes, to return this deposit to you. The LL is allowed to keep the deposit up to the end of that deposit return period. The LL has that time, starting from the day you return possession to him (move out and give him the keys), to get that money back to you. Some states say the deposit must be in the mail (postmarked) by this date, others say it has to be in your hands by this date. But until that date elapses, you have no claim on the LL and can file no case. If you gave a cash deposit to the LL, surely you got a signed receipt for it? If so, you have proof that he got it and is responsible to return it to you, minus deductions for damages beyond reasonable wear & tear, within the state's time line. Per FL statute, you were to be notified of the bank where the deposit was on file. Were you? And if not, didn't you ask the LL where your deposit was being held? Why not? You need to know the law for the state in which you rent. He does not have to communicate with you, return your calls demanding the deposit before its due, or in any other way acknowledge you until that deposit return time comes. You are jumping to conclusions about what MAY happen. Wait until the time period has lapsed, before you worry about not getting that deposit. Per FL statute: 83.49 (3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. ... (It goes on to describe the way the statement should look.) You can protect yourself in the meantime by sending him your new mailing address. Hopefully you documented the condition of the unit at move out (took pictures.) Be sure to pay final utility bills. (Some areas make the LL liable for utilities if a tenant doesn't pay them. If your area does, he can deduct these from that deposit as a monetary damage.) Beyond that, wait it out. If he doesn't return it, send a certified letter demanding the return of the entire deposit. Then file against him in small claims court if he doesn't.

Thanks for your help. This was the first place I have ever rented, but in the future, I will definitely know the Land Lord Tenant laws before I rent again. Thanks for your reply.