Security Deposit Scam?

[STEPHAN]

What is the name of your state? FL

We evicted a tenant. A few days later, we got a form letter informing us of her new address a few hundred miles away and were told to send any remaining deposit to that address. The former tenant told us via text that she had not moved to that address. We found that the address was a UPS PO box. The police were not interested in this case. I am sure they mail out tons of letters to eviction cases.

Anyway, today, we got a letter from a law office again a few hundred miles away in the other direction. They claim that they represent the tenant and want copies of the deposit claim letters. (In FL, you must mail a claim letter on the deposit within 30 days.)

The name is listed on the FL bar page, but I could not get hold of anybody. The letter was not signed. No proof of representation was included.

Does he not have to represent any authorization letter?

Thanks for your advice.

 

[STEPHAN]

From the letter, verbatim:

This Firm* *- represents the interests of in the above matter. XXXX YYYYY
has not received his security deposit back or a certified letter stating any intentions to
impose a claim on the deposit.

The former tenant is a woman.

 

[Zigner]

What is the name of your state? FL

We evicted a tenant. A few days later, we got a form letter informing us of her new address a few hundred miles away and were told to send any remaining deposit to that address. The former tenant told us via text that she had not moved to that address. We found that the address was a UPS PO box. The police were not interested in this case. I am sure they mail out tons of letters to eviction cases.

Anyway, today, we got a letter from a law office again a few hundred miles away in the other direction. They claim that they represent the tenant and want copies of the deposit claim letters. (In FL, you must mail a claim letter on the deposit within 30 days.)

The name is listed on the FL bar page, but I could not get hold of anybody. The letter was not signed. No proof of representation was included.

Does he not have to represent any authorization letter?

Thanks for your advice.

It sounds like you are still in communication with the former tenant. Did you get the actual address from the former tenant? If so, ignore the rest.

 

[STEPHAN]

We are not in communication with the tenant anymore. She never gave us a new address, the law requires us to send the letter to the old address.

 

[l.gabriel0616]

Does he not have to represent any authorization letter?

she needs authorization letter

 

[adjusterjack]

We are not in communication with the tenant anymore. She never gave us a new address, the law requires us to send the letter to the old address.

Send the letter to the last known address. Get a certificate of mailing from the post office (not the same as certified mail).

 

[STEPHAN]

Send the letter to the last known address. Get a certificate of mailing from the post office (not the same as certified mail).

That is not my point. This is a 2023 eviction.

I want to know if I can request proper authorization from the lawyer.

 

[quincy]

That is not my point. This is a 2023 eviction.

I want to know if I can request proper authorization from the lawyer.

Yes.

 

[STEPHAN]

Thanks for all your help.

It is possible that we messed this up. The lady who handled this tenant is not available anymore, and I am out of the country for three more weeks. Usually, we have this well documented, but in this file, we only have a copy of a letter and no proof that it went out. At least we have not found anything else yet.

It looks like this lawyer has many chases with deposits. I assume he sends out letters to evicted tenants and every now and then finds a case where it was incorrectly handled.

Florida Statue 83.49 says in part:

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 and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

So, does that mean that we would lose a lawsuit regarding the deposit and can not file a counterclaim in the same case?

Would the lawyer have to disclose her address in a court case?

 

[STEPHAN]

Does anybody know how this works?

 

[quincy]

You eventually may find it easiest to pay the security deposit (again) if you are sued and can’t produce any evidence of prior payment. How much money is involved?

First, before you pay anything, ask the attorney’s office for proof that they are authorized to collect the deposit on behalf of the tenant. Give them a time within which they must respond.

If they can’t provide proof that they represent the tenant, then ignore the demands unless or until you receive a summons and complaint - which, if they are not legitimate, you will never receive.

If you receive no proof of representation from the attorney’s office within the time period you specified, then report the attorney’s office to your state’s consumer protection division for investigation and possibly report the attorney’s office to the Florida Bar.

 

[STEPHAN]

Thank you, Quincy! Great help!

The tenant owed us more than the $1650 deposit. A demand letter informing the tenant that we will use the deposit was written, but so far, we can not find the proof. The person who wrote the letter is not around anymore.

I don't know how a counterclaim works, but if we need to pay and later get our money, we are out of luck. The tenant became a drug addict.

 

[quincy]

Thank you, Quincy! Great help!

The tenant owed us more than the $1650 deposit. A demand letter informing the tenant that we will use the deposit was written, but so far, we can not find the proof. The person who wrote the letter is not around anymore.

I don't know how a counterclaim works, but if we need to pay and later get our money, we are out of luck. The tenant became a drug addict.

I would not worry about a counterclaim unless/until you are served with a lawsuit. Based on what you have said, though, I suspect there will be no lawsuit ... but I have been wrong in the past.

 

[STEPHAN]

I just can not believe that a lawyer would do that. We will see.

Thanks, I will keep you posted.