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Security Deposit question

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L

llane

Guest
I lived in an apartment in FL for 2 years 9 months. The first year, I was in a lease. After that, I never signed another lease. Rent was due every 1st of the month. I attempted to give a 30 day notice on 07/20/00. My landlord had already advised he was replacing all the carpet and pulling up the linoleum and replacing with ceramic tile so I figured he would pro-rate the August rent thru 08/20/00 and then he would have from 08/20/00-08/31/00 to replace the carpet, etc. before having new tenants move in on 09/01/00. Well, he refused to accept my 30 day notice from 07/20/00. He advised that I had to give 30 days notice from the day rent was due. I paid the August rent and delived a written 30 day notice advising we would have all of our belongings out, the apartment cleaned and the keys turned over by 08/31/00. I also provided our new address for him to send our security deposit. We had already rented another place, therefore we had to pay August rent in two places. We took our time getting our belongings out since we had a whole month, however, we stayed at our new place. Around the 15th of August, I went over to get some more of our belongings only to find my stuff piled in the middle of the living room, the carpet was ripped up and in piles on the floor, the refrigerator and stove were sitting in the living room floor. The toilet was in the tub. New ceramic tile had been laid. Painters had used one of my ceramic water pitchers to wash their paint brushes. I got the rest of my belongings, cleaned the refrigerator in the middle of the living room, took pictures of the condition of the apartment and left. Neighbors have told me someone even moved in before September the first.

Never did I get my security deposit nor a letter stating any claims against my security deposit. I also had a Sunbeam patio set that just disappeared one day shortly after I moved there. When I ask my landlord about it, he advised that it was too big and he put in in his storage. Now that I have moved, I asked for my patio furniture and he has advised that he cannot find it.

I feel this man not only owes me for my security deposit and patio furniture but also for the month rent he made me pay while he took full access of the apartment with my belongings still in it.

Any opinions or advise would be greatly appreciated.
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by llane:
I lived in an apartment in FL for 2 years 9 months. The first year, I was in a lease. After that, I never signed another lease. Rent was due every 1st of the month. I attempted to give a 30 day notice on 07/20/00. My landlord had already advised he was replacing all the carpet and pulling up the linoleum and replacing with ceramic tile so I figured he would pro-rate the August rent thru 08/20/00 and then he would have from 08/20/00-08/31/00 to replace the carpet, etc. before having new tenants move in on 09/01/00. Well, he refused to accept my 30 day notice from 07/20/00. He advised that I had to give 30 days notice from the day rent was due. I paid the August rent and delived a written 30 day notice advising we would have all of our belongings out, the apartment cleaned and the keys turned over by 08/31/00. I also provided our new address for him to send our security deposit. We had already rented another place, therefore we had to pay August rent in two places. We took our time getting our belongings out since we had a whole month, however, we stayed at our new place. Around the 15th of August, I went over to get some more of our belongings only to find my stuff piled in the middle of the living room, the carpet was ripped up and in piles on the floor, the refrigerator and stove were sitting in the living room floor. The toilet was in the tub. New ceramic tile had been laid. Painters had used one of my ceramic water pitchers to wash their paint brushes. I got the rest of my belongings, cleaned the refrigerator in the middle of the living room, took pictures of the condition of the apartment and left. Neighbors have told me someone even moved in before September the first.

Never did I get my security deposit nor a letter stating any claims against my security deposit. I also had a Sunbeam patio set that just disappeared one day shortly after I moved there. When I ask my landlord about it, he advised that it was too big and he put in in his storage. Now that I have moved, I asked for my patio furniture and he has advised that he cannot find it.

I feel this man not only owes me for my security deposit and patio furniture but also for the month rent he made me pay while he took full access of the apartment with my belongings still in it.

Any opinions or advise would be greatly appreciated.
<HR></BLOCKQUOTE>

L owes you your entire security deposit back. File a small claims action.
 
T

Tracey

Guest
Congratulations! You have just won the tenant lottery! :D


Read the FL landlord tenant act. Security deposits are covered in Title VI, chapter 83, section 83.49.

L had 15 days from the end of your lease to send you a list of damages. Since he didn't do that, he can't keep ANY of your deposit. Sue L for your deposit. You also have a right to your attorney fees and interest at 5% if L kept the money in an interest-bearing account. Sue for the interest & make L prove there wasn't any.

L also owes you damages for entering the apt before 8/31. 83.53 says that L has to give you 24 hours notice before entering and that L cannot enter if you're gone for 15 days if your rent's current, unless it's necessary.

Under 83.57, if L enters your apartment & removes any of your possessions, L owes you 3 months' rent or your actual damages, whichever is greater. So add up the value of your furniture & pitcher, then sue L for 3 months' rent. You had not surrendered the premises (you still had the key), nor had you abandoned them (you paid full rent for Aug), nor were you evicted. Also, L interfered with your access to refrigeration (by unplugging & moving the frig). This also entitles you to 3 months' rent. You can also argue that putting your belongings in the middle of the floor & leaving carpet rolls about denied you "reasonable access" to your apt, which makes L liable for 3 months' rent. You'll only get to colect the 3 months' rent once, but you should argue all 3 reasons to the judge.

Finally, L is absolutely forbidden from collecting rent for the same apt from 2 different tenants. L MUST give you any of the money L collected from the new tenants for August.

Sue L for 3 months' rent, your entire deposit, interest, attorney fees, the value of your furniture, and the rent L collected from the new tenants. (Swing by and ask them how much they paid L for August.) If you can get the judge to award the 3 months' rent on multiple bases, you have a good arguement for getting 3 months' rent for the interference with refrigeration/access, and actual damages for the lost patio furniture & pitcher. L will end up paying you about $2000. If you want more info, email me. :)

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

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