Prorated rent

[amesoto]

My husband and I just moved to Ft. Lauderdale from Miami Beach.....while in Miami beach we fulfilled our lease and gave a thirty day notice......the end of the thirty days landed on the 15th of October. Our rental company told us to pay the full months rent on the first and we would be prorated for the rest of the month. We were out by the 15th but have not recieved our money and it is now Febuary......what should we do. Can we do anything? Please help!
Thank you
Amelia

 

[djdj]

When did your lease expire on the 1st or the 15th?

If it expired on the 1st, you owe for the whole month , if the 15th then you will have to sue them in small claims court.

 

[amesoto]

reply

It did expire on the 15th, would we get any money if we took them to small claims? Would it be worth it?
Thanks

 

[djdj]

Its up to you, the landlord has to provide you with a list of itemized damages and since they didnt..they will have to show a judge the actual reciepts that they paid out, and YOU have a right to inspect the charges, and offer any rebuttal, like pictures or any proof that it was not necessary, and if they have none, then you will get back ALL of your security...

HEY why not learn about how our system of justice works....what else do you have to do anyway?

[Edited by djdj on 02-08-2001 at 01:46 PM]

 

[JETX]

As usual, 'djdj' replies don't really tell the full story...

So, here goes:
You need to read the Florida Statutes, Title VI, Section 83.49 (Deposit money or advance rent; duty of landlord and tenant.--)
A copy can be found at:
http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC49.HTM&Title=->2000->Ch0083->Section 49

In it, you will find the following, which appears to have NOT been complied with by the landlord:
"(3)(a) Upon the vacating of the premises for termination of the lease, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or in which 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. The notice shall contain a statement in substantially the following form:

"This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) ."

If the landlord fails to give the required notice within the 15-day period, he or she forfeits the right to impose a claim upon the security deposit."

So, the ball is now in your court. Send the landlord a letter (Certified RRR) asking for a copy of the above required notice and proof of certified delivery. If they can't provide it, demand a FULL refund of your deposit plus interest (if applicable, see the above statute).

And yes, if you complied with all the terms of your lease, you should get your money back (1/2 rent, plus deposit). If you didn't, "tell it to the judge".

[Edited by Halket on 02-08-2001 at 03:17 PM]

 

[amesoto]

They returned our deposit, they are refusing to return our rent......should I call a lawyer?

 

[JETX]

And what did they say when you sent them a demand letter by Certified RRR???? You did do that didn't you???

If not, do it. Then based on their response, you can either say, "Oh, yeah, that's right", or you can consider legal action.

 

[amesoto]

Thank you Halket. I really appreciate your help.

 

[LL]

Some states have laws that say, rent payments are for a full month. California, for example, says that renatl agreements can start and end on any day of the month. I don't know anything about Florida.

Sending the letter to see what response they make is a good idea. Then check for such a law.