Tenant's Objections Ignored, With Partial Deposit Returned By Money Order, in Florida

[redspice]

I attempted to get a reduction of my rental due to my LL refusal to maintain the plumbing. He would not discuss it and claimed he could not get anyone out to fix the plumbing (for almost 2 months!), so, as I was in a month to month rental situation, I sent him 1/2 of the payment for the next month, in advance and asked for further discussion. He continued to ignore both my request and the repairs, so I began the Tenant 7 Day Notice. He retaliated by sending me a long ranting email in which he thoroughly assassinated my character and then sent me a 3 Day Notice. I then considered the next month my last month, waited the required days and moved at the end of the year and sent notification of my new address for the return on my security deposit for damages and, as I had deposited the last month with him in our original lease agreement, I also expected the return of the additional half month. My LL sent me a letter saying that he was only holding a security deposit for damages and no last month security deposit. He said he was not going to charge me anything for damages; however, he was deducting 1/2 month unpaid rent and a $200 pet deposit (which, according to our lease agreement was also collected up front). I sent the required objection, on time, and I asked him for an explanation of what happened to the missing last month's payment and pet deposit, and also, that I noted in our two written leases (before he refused to have anymore written leases so he could "sell the property unemcumbered") he had placed my deposits in LaSalle Bank in Chicago (He is an attorney in IL), which was not in accordance with FL Statutes. He sent me a certified letter in which he stated that "we persist in our position as relayed in our Notice of Intention to Impose a Claim", and he sent me money order in the amount of $347.50 saying that if I cash it "we will presume you accept the payment in full satisfaction and accord of all claims." He ignored my request for a detailed response to my objections. I was asking for a return of $1,842.50 which was the damages deposit & the 1/2 month paid in advance. I can paper everything. But it will cost me somewhere in the neighborhood of $200 to take this to Small Claims Court and I will be up against a lawyer. Do I have any other recourse?

[Mr. Knowitall]

From what you have said, your choices appear to be to try to negotiate for a larger refund, or to sue in small claims court.

[redspice]

First of all, thanks for your comments...I appreciate your input. Negotiation is out. I've already tried that and he has now decided not to talk with me anymore. That only leaves Small Claims or quit spending so much time on this, cash the money order and chalk it up to getting taken by another money grubber. Thanks again....