Write him a demand letter and give him 10 days to return your deposit IN FULL or you will file against him in Small Claims and add the cost of your travel, lodging and lost work $ in addition to the deposit...then file in Small Claims...what part of he is having financial problems don't you understand? The SQUEEKER and LOUDER you are, the more likely you are to get your $$$
This letter was probably the third correspondence I sent him: It is lengthy but I though it might help someone else with a similar problem. This was not the first request I made. I called him several times and sent him a letter usps as well as several simple emails before I sent this.
Dear Craig,
I have been really patient and understanding but I can't stress enough just how much I need my deposit back. Regardless of need, it is legally mine and I want it.
I've sent you several e-mails a usps mailing and have made several calls to you and have heard nothing. Your refusal to accept certified mail from me does not relieve you of any obligations as per the Landlord/Tenant laws in the state of Florida.
My deposit belongs to me legally and I haven't heard one word from you about it. I am absolutely within my rights. I sent you my 30-day written notice to vacate by certified mail. You chose not to accept the mail. I have it in my possession. It was sent to the correct address, but you refused to acknowledge it. This does not relieve you of your obligation since I complied with all legal obligations. Not to mention I sent it to the same address I sent my rent to and you had no problem receiving that. Your non-acceptance does not matter. I made not just an effort but did EXACTLY what was required by law. I also sent you an e-mail notice to vacate which will hold up in a court of law along with the certified notice.
Please don't underestimate me. I will not allow you to rip me off. If it were $50 that you owed me I would pursue the matter. It's not just the money, although it is needed, it is your refusal to at least contact me that really upsets me.
I know that you were having some financial difficulties and that's mainly why I have not yet pursued this legally.
I am absolutely within my legal rights and will pursue it if I have to. In this turns out to be the case, YOU will HAVE to pay the court costs and legal fees incurred by me to recover the money that you owe me as per our lease agreement and as per the Landlord Tenant laws in the state of Florida.
At the very least, please contact me on the status of this matter.
I am extremely adamant about this because there has been NO acknowledgement of my correspondence or attempts to contact you. Damn just give me my $600 back, how hard can that be?
"FLORIDA SECURITY DEPOSIT ( Florida Statute 83, Sec 83.49)
*Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days 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 tenant is required to give the landlord a valid address at which the tenant can be contacted.
*If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
*Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
*If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar."
This is what I received back from him. I guess he didn't like my manner of demand. LOL
To:
He inserted my name here
In regards to your inquiries:
Thank you for being Patient, please realize you are not the only client we have to communicate and complete transactions with in Brevard County. You are not being neglected, and some of your attempts to contact us have been received, and logged. Your refund of deposit is being processed, however due to current market conditions, and lack of certain assets we may be behind on customer follow up, but we can assure you your request is being processed.
Please be Patient and direct all contact to the party below. We Like to conduct our business in a professional manner and would expect the same in return from our current and previous clients.
Thank you for your concern.
VP:
He inserted his name here.
What a HUGE joke. So I wrote him back the following. He's got a very annoying stoic attitue and I couldn't help but try to stick some pins in it! But I have yet to get my money back and haven't heard one word from him.
To:
He inserted his name here
Please understand that this has not been an "inquiry", "request" or concern. This is a legal demand. I DO understand that I am NOT the only client. This, however, is irrelevant. The Florida landlord/tenant law states that I am to receive my deposit back within 15 days of vacating unless the lease states otherwise, which it does and I have taken into account. The lease states 21 days and it has now been 40 days. There is no such thing as my so-called request being processed. It is not a matter of a request but of a demand according to the law.
I am not required by law to wait for processing on your time frame due to a possible lack of efficiency or funds. I did, however, conform to the legal requirements regarding my notice of vacating. The following is what the law states and also is clear on the obligations of both tenant and landlord.
"*Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days 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 tenant is required to give the landlord a valid address at which the tenant can be contacted. ( I have done this SEVERAL times)....but once again:
I inserted my forwarding address here
*If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
*Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
*If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar."
There is NO processing or patience needed. There is only returning my deposit in the timeframe allowed by law. Yes I HAVE been patient, and while I appreciate your response (finally), and am still sympathetic to any circumstances that have prevented the refund of my deposit, my demand is well within my legal rights. Not to mention, I have to children to raise. I must think of my family. So that you are clear on the matter, my correspondence via email, USPS and phone were/are NOT inquires or a "request" as you put it. Instead this is a legal demand. The time of processing is not your choice. It is simply a matter of "sending" my deposit back to me. It is nearly 20 days overdue. I NEED the money now. Every penny counts. This is 60,000 pennies.
As concerning "being professional", this is as professional as it gets. I have researched and taken great care in the pursuit of this matter. Please be advised that all communication should be directed to:
I inserted my forwarding address here or
I inserted my phone number here or
I inserted my main email address here or
I inserted my secondary email address here or
I will expect to receive my deposit within 7 days. It is already three weeks overdue.
Inserted into this mailing and the previous one, are the Florida State laws concerning return of a security deposit. In summary, my deposit was due me on November 21. It is nineteen days overdue at the time of this mailing. Processing stopped being an issue as of the 21st day of November. It is now just a matter of getting an envelope, putting my deposit into it, putting a stamp on it and depositing it into a legal USPS mail box.
Professionally yours,
I inserted my name here
