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  1. #1
    Join Date
    Oct 2010
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    Default Deposit Amount That Should Legally Be Returned

    My question involves a security deposit in the State of: Florida

    Some parts may seem irrelevant at first, but it kind of ends up tying together near the end.

    [August 2009]
    We sign a a years lease for a property at $900 / month starting September 1, 2009. There is a $900 security deposit, $600 of it being non-refundable. It was verbally stated that the $600 is for a "pet damage deposit". This lease was done through a local real estate company, who takes care of the property for the owner. We never do a walk-through of the property or receive the owners information.

    [October 2009]
    We let the real estate company know verbally that the sink was leaking. We noticed the well on the property was not filtering water properly. We let the real estate company know.

    [January 2009]
    We let the real estate know once again about the water. It's supposed to be taken care of. We've started to buy bottled water for drinking water.

    [March 2009]
    The water is still getting worse and we again let the real estate company know. We're still buying bottled water just to drink.

    [May 2009]
    I've finally had enough and write the real estate company about the problem and asked it to be fixed. It was fixed no more than 14 days later. The was no circuitry for the filter to work correctly.

    [June 2009]
    We are notified verbally by the real estate company the landlord had spent a lot of money on the filtration system (which we were led to believe was there and working in the first place) and he may want to go up on rent when our lease is up.

    [July 29 2010]
    Real estate company let's us know via email the landlord wishes to increase rent because the filtration system was costing him a lot of money. We let them know verbally we did not wish to pay that price and we gave them our 30 days notice the next day verbally.

    [September 1 2010]
    Our lease has expired and we are moved out of the property. A few days later we give the real estate company a forwarding address to which they should send the deposit. They let us know we should have it back soon.

    [October 4 2010]
    We call the real estate company to find out what was going on, as we haven't received our deposit or a letter as to stating why. They said they'd talk to the owner and find out why.

    [Today - October 14]
    I had written a letter requesting our full deposit back the previous night so I can send it certified today. I sent it off and lo and behold, we have a claim on our security deposit in our mail this afternoon. It states that there were $200 worth of damage to the property (there was water damage under the sink, the drip pans in the stove needed to be replaced, and there were 3 missing blinds [which weren't there in the first place]). We got a total of $100 back.

    The check, statement and envelope were all dated in October, but the claim was dated (more like back-dated) for September 7. I know he has sent this claim too late legally and he hadn't even sent it certified. I also know I am entitled to my full security deposit back because of this. However, I was told that since he did not specify what the non-refundable deposit was for on the lease that it is not valid.

    Am I entitled to the $300 back or the full $900 back? Also, should I impose an objection on the claim even though it was legally sent too late (and now that I have the owners address)?

    Thank you!

  2. #2
    Join Date
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    Default Re: Deposit Amount That Should Legally Be Returned

    So, basically, you agreed to a $300 damage deposit and a $600 non-refundable pet deposit, then (whatever), and now you want to know if you can get a refund of what you agreed would be a non-refundable pet deposit? The non-refundable pet deposit would normally be a separate issue from a refundable damage deposit. I can't read your lease from here, and I suppose it's theoretically possible that the way it's written might give you a claim to a refund, but I'm not able to interpret it for you without reading it.

    If you believe you are owed a portion of your deposit back due to excessive claims of damages, or due to late action by your landlord, you can resolve the dispute in small claims court.

    Note, however, that even if you build a statutory claim under Florida statutes, sec. 83.49(3)(a), your landlord is entitled to countersue for damages.

  3. #3
    Join Date
    Sep 2010
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    Oklahoma
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    695

    Default Re: Deposit Amount That Should Legally Be Returned

    The LL has 15 days to refund the security deposit, or 30 days to present a reciept for monies claimed for damages. So you will get at least $300. You may be able to argue for the entire amount of $900 if you didn't have a pet then the "pet deposit" would seem to me to violate 83.45 / 83.47. I would file suit for the $900 plus court costs and let the court decide how much you should get back. I disagree that the LL would have an arguable case for damages though, as that is what the security deposit is in place for and the law clearly states that failure to respond within the timefram forfeits their claim to the money.

  4. #4
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    Default Re: Deposit Amount That Should Legally Be Returned

    Your "disagreement" is duly noted, but the landlord is very much entitled to file a counterclaim.

    Looking at the statutes, a pet deposit is classified as "Deposit money" meaning it is covered by Sec. 83.49; I don't see anything that either authorizes or forbids a nonrefundable pet deposit, either in the statute or case law. A local real estate lawyer may be able to give you a sense of whether local judges typically uphold those provisions; but lateness in compliance with Sec. 83.49 would appear to prevent the non-compliant landlord from making that claim and, instead, would appear to limit him to trying to prove the amount of damages through a counterclaim to your effort to recover the full $900.

  5. #5
    Join Date
    Oct 2010
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    2

    Default Re: Deposit Amount That Should Legally Be Returned

    Quote Quoting Mr. Knowitall
    View Post
    So, basically, you agreed to a $300 damage deposit and a $600 non-refundable pet deposit, then (whatever), and now you want to know if you can get a refund of what you agreed would be a non-refundable pet deposit? The non-refundable pet deposit would normally be a separate issue from a refundable damage deposit. I can't read your lease from here, and I suppose it's theoretically possible that the way it's written might give you a claim to a refund, but I'm not able to interpret it for you without reading it.

    If you believe you are owed a portion of your deposit back due to excessive claims of damages, or due to late action by your landlord, you can resolve the dispute in small claims court.

    Note, however, that even if you build a statutory claim under Florida statutes, sec. 83.49(3)(a), your landlord is entitled to countersue for damages.
    How can the landlord countersue for damages if he cannot legally claim any because he didn't send proper notice?

    Quote Quoting antrc170
    View Post
    The LL has 15 days to refund the security deposit, or 30 days to present a reciept for monies claimed for damages. So you will get at least $300. You may be able to argue for the entire amount of $900 if you didn't have a pet then the "pet deposit" would seem to me to violate 83.45 / 83.47. I would file suit for the $900 plus court costs and let the court decide how much you should get back. I disagree that the LL would have an arguable case for damages though, as that is what the security deposit is in place for and the law clearly states that failure to respond within the timefram forfeits their claim to the money.
    The security deposit was simply labeled as "$900 but $600 non-refundable" in the lease. It was only stated orally with the property manager that the $600 was a pet deposit and it was not written on the lease. A few questions.

    1.) Am I legally supposed to object to the claim on my deposit even though it was late? I know I have 15 days upon receipt to do so and that's winding down here soon.
    2.) How long should I wait before filing in court if I don't receive anything back from the landlord?
    3.) Does it look bad to file in court for the full $900 or should I just do the $300?

    Thanks a bunch!

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