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tenant/lanlord security issue

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justra23

Junior Member
What is the name of your state? FL

Lived in a condo, the lease stated if the HOA raised landlords fees the landlord had the right to increase rent. No problem. Landlord gave written notice of the increase to come and I had to reply in writing accepting or decling increase. Gave my written declination which the lease states if I did so I had 30 days to vacate the premises. Did, cleaned up after myself and left.
Landlord called me trying to state he had no knowledge the letter declining his offer and thanking him for his services meant I was leaving. Although there are many witnesses including himself and he had 30 days to ask me it's intention. Anyhow, he never stated he was not returning my security or keeping any of it, even when he called me and stated "I wouldn't do that to you".
Well it's been 31 days, per the FL statute and lease he had to respond in writing stating why he was claiming any funds if all or return funds to me WITHIN those 30 days after I vacated the premises.
I just mailed a certified letter restating my new address (to be polite) and the FL statute that shows the term he had wherein to act.
I am pretty sure this is not going to rectify the situation and the only lawyer around really states he'll quote me a grand to take the case IF we'd win.
Do I need to go to small claims and if so, any advice?+

Thanks in advance.
 


dcatz

Senior Member
Do I need to go to small claims
Maybe, but I hope not.

if so, any advice?
Not really. You're doing everything right. This kind of case gets into Small Claims all the time. When the landlord is trying to "build a new roof" or otherwise take advantage of the tenant, it leads to the normal problems. But you've done what's needed to lay the foundation for your case.

There's no solid evidence to think that you'll end up in court (the landlord is a day late and apparently didn't know you were gone on day one.), but if it keeps going downhill, you don't need a lawyer. If you think you'd be more comfortable, then do it.

If you vacated in a proper and timely manner, the vulnerability in the posted facts is that you didn't do a joint "walk-thru" when you left. If you had, you would have had a mutual agreement at the time about needed repairs and expenses to be charged against the security. It's under that condition that disputes generally arise, and what wasn't done then can't be fixed now.

Statutes that provide a timeframe for the return of security commonly also provide for a financial penalty, if there's a delay without good cause. If there is such a provision in your state, the one thing that you might want to do is send another registered, certified letter making a demand. If the landlord responds promptly, with few or no deductions to the security, you can always waive the demand (I'm a big proponent of people avoiding court). Conversely, if unreasonable deductions are made, you have a basis to counter in kind.
 

JETX

Senior Member
justra23 said:
Landlord called me trying to state he had no knowledge the letter declining his offer and thanking him for his services meant I was leaving. Although there are many witnesses including himself and he had 30 days to ask me it's intention.
What EXACTLY did your notice say about your leaving early and/or terminating your lease obligation??

And what EXACTLY does your lease say as to terminating the lease if you were to reject the rent increase??

The problem I see here is.... your 'notice' may not have been clear.... and the landlord sees your leaving now as a breach of the lease.

Well it's been 31 days, per the FL statute and lease he had to respond in writing stating why he was claiming any funds if all or return funds to me WITHIN those 30 days after I vacated the premises.
Sorry, but that is NOT what the FL says. And I think that under the specific circumstances of your leaving (if in breach), would 'trigger' the following from the FL statute:
83.49 Deposit money or advance rent; duty of landlord and tenant.--
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.


I just mailed a certified letter restating my new address (to be polite) and the FL statute that shows the term he had wherein to act.
Then THAT letter may (or may not, depending on the contents) trigger the default landlord requirement as provided by the statute.

Do I need to go to small claims and if so, any advice?
Yep. You need to READ and understand what your obligations are in this.... and whether you had a valid termination of your lease obligation.
BTW, the applicable FL statutes can be found at:
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm
 
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justra23

Junior Member
thanks to both of you for responding so promptly, I greatly appreciate it

Regarding the lease- lease states (condo rental allows for HOA issues):
"However, the lessor may, on giving a 60 day written notice, change the monthly rent when the Lessor experiences increases in government service and/or levies. Lesee may may elect to terminate this lease rather than pay the new rent, but must give the lessor 30 day written notice of intent to vacate."
Of course he gave a 30 notice of increase, not 60 but i didn't catch that, my fault.

My notice stated (copy of the letter so this is word for word):
"In light of the increase of rent for the remaining term of the lease, I must regretfully decline. Hereby giving my 30 day notice. Please advise if it would be possible, if needed, to extend the 30 days, including the increase out another 30 days if I have not been able to find another apt. Making Oct 1 rent $XXX for one month.
Thank you for your patience in increasing the rent. I greatly appreciate it.
Very Truly yours
XXX"

Yea I could kick myself regarding the walkthrough, but I was simple to trust, won't happen again.

Thanks again, any other input would be appreciated, gonna check the link out you gave thanks again.
 

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