Did not like apt, landlord kept security deposit. Ready to go to court! Advice?

[campaign2010]

What is the name of your state (only U.S. law)? Florida

I was living in Florida & had wanted to move to another city. I looked in the newspaper & found several apartments I liked. I visited, and called back one of the landlords. We spoke several times over 1-2 weeks. The landlord said that his property was 'very desirable' and that he needed a quick answer if I wanted it.

I had already seen the outside & he said it was 'first class' inside. So I told him to send me the contract & I would sign it. At the time, his ad (still have a copy) said that only electricity is required.

Went to the property, was let inside by the maintenance man (extremeley shady looking guy) & did not like it. It was not finished either. The landlord told me on the phone that it had recently been remodeled.

He called me after I saw it and said "Maybe." I said I needed more time to consider. This was either Friday night or Saturday. I talked it over with my gf (who did not go inside)

Problem is, my girlfriend had taken the deposit checks with her & already put them in the mail that next morning. I was about to tell her that I really didn't feel like renting it out. The deposit + first month were 100% mine.

Called the landlord back immediately after talking with gf. Told him that I think I needed more time. We continued the conversation, he said 'Oh I forgot to tell you that water is not included'. That would be another $100 deposit. I was not happy. We talked a bit more & disconnected.

I talked to her some more & we both decided that the landlord had already been mistruthful. I called him, and said the deposit+ first month were in the mail. Told him I had decided against it, and did not want it. He said "sorry you signed a contract." I remembered that I had put the contract away (she mailed just the deposit+ 1st month) & told him that I was not going to follow through.

The landlord kept the deposit. He never returned it. After calling him several times, he told me "If you bother me any more I am calling the LAW on you, boy."

What can I do to recover the $$$?
I do not have thousands for an attorney right now.

 

[campaign2010]

Update: Forgot to say that I did contact an attorney later & he offered some advice. Said to mail Landlord a 'Demand Letter' stating the reasons why I did not want his apartment. And to say that by law, without agreeing orally OR in writing by mailing the contract, I was obliged to have my money returned. I sent the letter, but did not send it registered mail. Did however take a snapshot on my camera phone, and saved it to my computer. Looked the other day, and it is still there. Also saved a snapshot of the demand letter. Both were taken in the post office where the letter was mailed from. Did not use a stamp & had them stamp it electronically (this is referred to as the poor man's registered mail*** LOL)

It was the last conversation, where the Landlord threated to call the law on me, that took place after I mailed the letter.

On my poor judgement, I should have not allowed the deposits to be mailed. Should have not even filled out the checks. However, I really needed an apartment soon & wanted to attend that school. And a job offer was given. So I mailed it out, but orally told him "No, I do not want the apartment." Based on the date, he would have had ample time to find another renter without losing any money.

I have proof that I had registered for that college before mailing the deposit. And been accepted, about 5 days after the first of the month.

Lastly, in one of the conversations he said he had "several other renters waiting" so he needed a quick decision. After he did not return the deposit, I had a friend call him (I was next to him the entire time) & he said the same property was still available. This was roughly 18-20 days after the first of the month. Unless he was sitting on the deposit to claim it, I will assume that he did not have those renters take the apartment.

A background check on the Landlord's company reveals that he has more than one complaint with the BBB (he runs a company on the side for property managment) & I have looked into contacting the other renters to see if they have any complaints. However, don't want to do anything unlawful.

This landlord is a friend of the sheriff in the city I was going to rent in. There is a website with him & the sheriff side by side at a campaign rally.

 

[davidmcbeth3]

If the contract does not say that water is not payable but the LL says now it is then this will likely be good enough. Who cares if the sheriff is his buddy?? The sheriff is not going to lose his comfy job for his buddy. You should have stopped payment on the checks but you did not so I think there is more to the story than what you state here.

 

[Mass_Shyster]

Your argument, in legal terms, is that the landlord misrepresented the apartment, and that you relied on this misrepresentation when you send in the deposit.

Your challenge is to prove to a judge (or whomever handles small claims cases) that your reliance on that misrepresentation was reasonable.

Do you have any evidence that the landlord claimed the apartment was recently renovated?

Do you have any evidence that the apartment, in fact, was not recently renovated?

Do you have any evidence that the landlord claimed only electricity was needed?

Do you have any evidence that, in fact, more that only electricity was needed?

You also need to check your local landlord/tenant laws to see if you have any other recourse.