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  #1  
Old 09-09-2006, 10:15 PM
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Join Date: Sep 2006
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Angry

Return of deposit refusal


What is the name of your state? Florida
Here's my problem: "My son's apartment, including the whole complex, was purchased in order to re-sell them as condos. Anyone who did not wish to buy their apartment had to move out. He moved out within the time-frame allotted, getting a signed notice of the person who walked through and approved his place as suitably clean and undamaged. For over three months my son has been trying to get the people who own the complex now to pay him his $450 deposit back. They say they don't know where it is, or they don't think it was ever handed over to them by the last owners of the complex, or he shouldn't expect it because there were maintenance issues in the buildings that the tenants are responsible for. (His lease states that management is responsible for maintenance of buildings, including air conditioner systems, plumbling, etc. He sent them a copy of his lease which stated this.) He was going to file in small claims court for his money back, but the managing company of the complex refuses to give him the name of the owner of the property. The magistrate said if he files, he must put down the name of the property owner on the claim. Does he have any options, or is this new owner going to get to keep all of the money from the old tenants, students like my son? Can he sue the old company for return of his deposit? My son has spent a lot of time trying to reach the past owners and the new ones. His only clue as to the new owners is a name on a letter he received when he was informed of the purchase of his building. Unfortunately, the return address was one of a management company which is handling the property for the owner. The management company will not divulge the name of the owner and constantly threatens to slap these previous tenants with huge bills for work being done on the heating and air systems in the building if they persist in pursuing this. Every phone call my son makes is hung up on. Every effort made to find out who has his deposit has led to a deadend. Who can my son take to small claims court? Can he file against the management company who is the representative of the owner? These people are knowingly taking advantage of these graduate students who borrow loads of money to go to school, couldn't afford to have to move when the building was sold, but did anyway....and at least they deserve their original deposits back. They had to pay new ones at their new apartments when they had to move. The apartment was verified in excellent condition when he moved out, and my son has that in writing. The lease states that the owner has 30 days to return the deposit after the inspection. It has been 96 days. What options do we have?
  #2  
Old 09-09-2006, 11:07 PM
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Join Date: Oct 2004
Location: Phoenix, AZ.
Posts: 3,138
Quote:
Originally Posted by gradstudent29
What is the name of your state? Florida
Here's my problem: "My son's apartment, including the whole complex, was purchased in order to re-sell them as condos. Anyone who did not wish to buy their apartment had to move out. He moved out within the time-frame allotted, getting a signed notice of the person who walked through and approved his place as suitably clean and undamaged. For over three months my son has been trying to get the people who own the complex now to pay him his $450 deposit back. They say they don't know where it is, or they don't think it was ever handed over to them by the last owners of the complex, or he shouldn't expect it because there were maintenance issues in the buildings that the tenants are responsible for. (His lease states that management is responsible for maintenance of buildings, including air conditioner systems, plumbling, etc. He sent them a copy of his lease which stated this.) He was going to file in small claims court for his money back, but the managing company of the complex refuses to give him the name of the owner of the property. The magistrate said if he files, he must put down the name of the property owner on the claim. Does he have any options, or is this new owner going to get to keep all of the money from the old tenants, students like my son? Can he sue the old company for return of his deposit? My son has spent a lot of time trying to reach the past owners and the new ones. His only clue as to the new owners is a name on a letter he received when he was informed of the purchase of his building. Unfortunately, the return address was one of a management company which is handling the property for the owner. The management company will not divulge the name of the owner and constantly threatens to slap these previous tenants with huge bills for work being done on the heating and air systems in the building if they persist in pursuing this. Every phone call my son makes is hung up on. Every effort made to find out who has his deposit has led to a deadend. Who can my son take to small claims court? Can he file against the management company who is the representative of the owner? These people are knowingly taking advantage of these graduate students who borrow loads of money to go to school, couldn't afford to have to move when the building was sold, but did anyway....and at least they deserve their original deposits back. They had to pay new ones at their new apartments when they had to move. The apartment was verified in excellent condition when he moved out, and my son has that in writing. The lease states that the owner has 30 days to return the deposit after the inspection. It has been 96 days. What options do we have?

Contact the State Registrar. They will have the name of the owner on file. Deposits are to be transfered to the new owner from the seller
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"Alaska landlord" has been banned THRICE for providing inaccurate and false advice. Any of AL's posts should be taken at face value and heavily verified by a competent Real Estate Attorney.

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Alaska landlord, please don't reply further to my thread, you'll just turn it into another pissing match.
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The landlord should not only be allowed to turn off the water, but he should also be allowed to throw OP into the street.
  #3  
Old 09-10-2006, 06:13 AM
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Join Date: Dec 2005
Location: Ohio
Posts: 33,607
Contact the COUNTY auditor's office or the county recorder's office. Both of those offices should be able to tell you who owns the property.
  #4  
Old 09-10-2006, 01:40 PM
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Join Date: Oct 2005
Location: Tennessee
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Quote:
Originally Posted by Ohiogal
Contact the COUNTY auditor's office or the county recorder's office. Both of those offices should be able to tell you who owns the property.
When you have all of that then go back and read the LL/T laws again because you may be able to sue for double or triple damages.
  #5  
Old 09-23-2006, 11:00 PM
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Join Date: Sep 2006
Posts: 2
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Also thought about contacting someone to inquire about fraud in this case. That would be the state attorney general's office, right? But..thank you very much for all your suggestions. I appreciate your assistance.
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