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I was in a two year lease, that ended this June 1st. We gave about a 62 day notice that we would not be renewing, and in the letter I stated that I would be buying a house and would supply an updated address as soon as we closed on a house. On June 2nd or 3rd I supplied that address.
In my lease, which reflects the Florida Statutes, they had 15 days to give me my deposit back, unless there was going to be a claim, which if there was, then they had 30 days to send me a certified letter telling me about the claim. If I didn't receive any word by the 30 day mark, it states that the landlord shall forfeit any claim of my security. To my calculations, today is the 30 day mark. I know I have until the end of the day...but my mail has been here already, but who knows, maybe a seperate person does certified...
I plan on sending a certified letter dated tomorrow stating that I have not received any claim on my deposit, the 30 days is up, and I get my money back.
Two questions:
1- what if I receive the letter tomorrow? That still voids that 30 day limit and despite receiving it a day later, am I still entitled to my entire money?
2- We signed up with an business who deals with the monetary transactions for the actual owner. I hear that is common. Whenever we paid our monthly rent, they took our check. When they had to add an addendum to our lease due to a discrepancy about paying water bills, we went through them. We do not have an address for the owner. Therefore, all emails and mailings regarding termination and change of address has also went through them. On the lease it has this sentence: "LANDLORD as herein used shall include the owner(s) of the premises, its heirs, assigns or representatives and/or any agent(s) designated by the owner (s)". I would assume that covers the company who has been handling the monetary transactions. What I'm getting at: is the company able to wash their hands of returning my money and say I need to try to get it from the owner?
Sit on this. Ensure it's 30 days and not business days. You'd be surprised at this little trick on the books.
1)
Next, allow a few days grace period for the mail. If it does come, check the postmark.
If you sued before a judge and your claim was that it was 1 day late....the judge might find that rediculious and throw out the case.
2) Your lease is with the property management company...not the owner. He has a seperate contract with them. Thus if you ever sue, you'd list the management company as the respondent...but I'd put the owner as defendant #2 as he is still ultimately responsible for things even if he has an agent.
Sit on this. Ensure it's 30 days and not business days. You'd be surprised at this little trick on the books.
1)
Next, allow a few days grace period for the mail. If it does come, check the postmark.
If you sued before a judge and your claim was that it was 1 day late....the judge might find that rediculious and throw out the case.
2) Your lease is with the property management company...not the owner. He has a seperate contract with them. Thus if you ever sue, you'd list the management company as the respondent...but I'd put the owner as defendant #2 as he is still ultimately responsible for things even if he has an agent.
Thank you for responding. I did think about the "business" days too. On the lease it says "30 days", and that is for the florida statute too...so I don't think they would be allowed to throw a term out when it isn't in there.
I was planning on mailing it out after this week- that would be definitely a couple of days grace period.
I know this isn't what you want to hear, but did you try giving them the benefit of the doubt? Did you try calling the landlord to see what the problem was? I would have called after the 15 days.
To just sit quietly, with the intention of waiting for the time to run out, hoping to force the landlord to relinquish the entire deposit, rather than just the part you might be entitled to, is just wrong.
Whatever happened to trying to do the right thing? Call the landlord and see if an honest mistake was made. We had this happen once where the person who mails the checks was out on vacation and the office missed mailing it.
I know this isn't what you want to hear, but did you try giving them the benefit of the doubt? Did you try calling the landlord to see what the problem was? I would have called after the 15 days.
To just sit quietly, with the intention of waiting for the time to run out, hoping to force the landlord to relinquish the entire deposit, rather than just the part you might be entitled to, is just wrong.
Whatever happened to trying to do the right thing? Call the landlord and see if an honest mistake was made. We had this happen once where the person who mails the checks was out on vacation and the office missed mailing it.
I see where you're coming from...I do understand you're point...but, I'm not anyone's babysitter besides my own kids. They didn't ever have to call me and see what was up with payment, because payment for two years was always received either before, or on, the due date.
The right thing is what is legal and binding.
Now, on the other hand, I was a perfect tenant. I didn't do anything wrong to the place. We actually made some improvements too, so it's not that I am trying to scam some money from someone....like I did damage and am whoopeee!! I get my money back because they're late! Everything is fine...my issue is with the legal time frame and what is due based on that.
I have also heard stories of landlords trying to hold the deposit for no reason...and came across those stories doing searches about this, so I am also just trying to protect myself.
I know this isn't what you want to hear, but did you try giving them the benefit of the doubt? Did you try calling the landlord to see what the problem was? I would have called after the 15 days.
To just sit quietly, with the intention of waiting for the time to run out, hoping to force the landlord to relinquish the entire deposit, rather than just the part you might be entitled to, is just wrong.
Whatever happened to trying to do the right thing? Call the landlord and see if an honest mistake was made. We had this happen once where the person who mails the checks was out on vacation and the office missed mailing it.
This is a business deal, not a be nice to the landlord deal. If the person holding the deposit money isn't taking care of business within the designated time, he loses. There is no "right thing" involved in this deal. Follow the rules or find a new business. OP did everthing required of him/her. No reason to hold the owners hand..!
No one forced this person to become a landlord, but if you choose to undertake such a profession, you must follow the law. I absolutely don't blame you for not calling... I am sure you have better, more pressing things to do with your time.
I was in a two year lease, that ended this June 1st. We gave about a 62 day notice that we would not be renewing, and in the letter I stated that I would be buying a house and would supply an updated address as soon as we closed on a house. On June 2nd or 3rd I supplied that address.
In my lease, which reflects the Florida Statutes, they had 15 days to give me my deposit back, unless there was going to be a claim, which if there was, then they had 30 days to send me a certified letter telling me about the claim. ........I plan on sending a certified letter dated tomorrow stating that I have not received any claim on my deposit, the 30 days is up, and I get my money back.
Are you saying that your lease (and Florida law) state the 30 day period begins with notice of non-renewal? I live in Texas so laws are not necessarilly the same, but common practise here is the period begin at vacancy, not notification. So I would have expected your 30 days to start counting when you moved out and conducted the walk through with the mgmt agency.
Quote:
Originally Posted by mrshvo
Two questions:
1- what if I receive the letter tomorrow? That still voids that 30 day limit and despite receiving it a day later, am I still entitled to my entire money?
If your representations are correct, then it is the postmarks that are important, not the actual delivery date. If they provide timely notice of claim within the proscribed period then their rights are protected to the extent of the statute.
Quote:
Originally Posted by mrshvo
2- We signed up with an business who deals with the monetary transactions for the actual owner. I hear that is common. Whenever we paid our monthly rent, they took our check. When they had to add an addendum to our lease due to a discrepancy about paying water bills, we went through them. We do not have an address for the owner. Therefore, all emails and mailings regarding termination and change of address has also went through them. On the lease it has this sentence: "LANDLORD as herein used shall include the owner(s) of the premises, its heirs, assigns or representatives and/or any agent(s) designated by the owner (s)". I would assume that covers the company who has been handling the monetary transactions. What I'm getting at: is the company able to wash their hands of returning my money and say I need to try to get it from the owner?
Thanks!
Since the owner has engaged an agent to act on their behalf, that agent is the legal representative and all notices and responses are their responsibility. They will issue the refund of the security deposit. They will normally be legally responsible for any escrow accounts attached to the lease. That said, if there is any irregularity in their actions I would name the owner as co-defendant in any action to pursue all sources of funds.
Are you saying that your lease (and Florida law) state the 30 day period begins with notice of non-renewal? I live in Texas so laws are not necessarilly the same, but common practise here is the period begin at vacancy, not notification. So I would have expected your 30 days to start counting when you moved out and conducted the walk through with the mgmt agency.
It's my understanding the lease ended on June 1 and the OP moved out then.
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