What is the name of your state?What is the name of your state? FL
My apt lease expired and I was a month to month tenant. Since I had planned to move at the end of my lease I gave the landlord 30 days notice as required by the lease that expired. I was current on my rent, but I listed my landlord as a creditor in case he determined I owed him for any damage as a contingent debt. I asked him to perform a walk through pre-inspection as well as a final move-out inspection in my intent to vacate letter. He declined to do so. I also need to mention that he purchased the property from a previous landlord. A move-in inspection was never done by either landlord. In my opinion there was no damage other than normal wear and tear.
By FL law he must notify of his intent regarding my decurity deposit within 15 days (same date as 341). If he does not do so within 30 days he will forfeit the security deposit.
Will he be allowed to keep the security deposit since I filed Chapter 7?
If in his opinion damage is greater than normal wear and tear can he still deduct damages if he is listed in my petition as a creditor?
Does the trustee get the security deposit?
Would the security deposit be exempt if the funds were from my military pension and disability which are exempted?
My 341 is on 11/21. I did not move until after my petition was filed. I had to find a new place anyway because my lease expired and the new landlord had increased my rent because I did not sign a new lease. I did find a much nicer apartment and I had to pay a surety bond deposit and one month rent security deposit because of my very poor credit history. I did this before I filed. I listed the new rent payment in my schedule. I had already paid my old rent before filing.
Will this be a problem for me?
I would appreciate any feedback. Thank-you. This board has been a great source of info!
My apt lease expired and I was a month to month tenant. Since I had planned to move at the end of my lease I gave the landlord 30 days notice as required by the lease that expired. I was current on my rent, but I listed my landlord as a creditor in case he determined I owed him for any damage as a contingent debt. I asked him to perform a walk through pre-inspection as well as a final move-out inspection in my intent to vacate letter. He declined to do so. I also need to mention that he purchased the property from a previous landlord. A move-in inspection was never done by either landlord. In my opinion there was no damage other than normal wear and tear.
By FL law he must notify of his intent regarding my decurity deposit within 15 days (same date as 341). If he does not do so within 30 days he will forfeit the security deposit.
Will he be allowed to keep the security deposit since I filed Chapter 7?
If in his opinion damage is greater than normal wear and tear can he still deduct damages if he is listed in my petition as a creditor?
Does the trustee get the security deposit?
Would the security deposit be exempt if the funds were from my military pension and disability which are exempted?
My 341 is on 11/21. I did not move until after my petition was filed. I had to find a new place anyway because my lease expired and the new landlord had increased my rent because I did not sign a new lease. I did find a much nicer apartment and I had to pay a surety bond deposit and one month rent security deposit because of my very poor credit history. I did this before I filed. I listed the new rent payment in my schedule. I had already paid my old rent before filing.
Will this be a problem for me?
I would appreciate any feedback. Thank-you. This board has been a great source of info!