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How to get your money? Need Advice...

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How to get your money? Need Advice...

Old 12-09-2004, 08:37 AM
  #1  
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Default How to get your money? Need Advice...

Hey Guys,
I've got a problem I thought the THT brains might be able to help me with. We recently bought a house and moved out of a rental. The rental wasn't in great shape when we moved in, and I'm somewhat handy, so the property manager told me to fix whatever I wanted. Some things I paid for, some things he paid for. In August we found a house that we really wanted to buy, so I called the property manager and explained the situation to him. The deal was we would find a tenant, and leave the house in move-in condition; in exchange he would let us break the lease and we would get a full deposit back. The new tenants moved in the day after we moved out and were very satisfied with the condition of the house. Now we are over 100 days since I have moved out and I still don't have my deposit. I have been promised on four occasions now that the "check is in the mail". When the check doesn't show, I call back and get the run around. Now I find out that the owner is opening a bunch of toy stores at local malls, and isn't paying because he's dumping all his money into the stores. I'm not sure what to do, calling and asking isn't really getting me anywhere. You guys got any advice???

My deposit was $800 and I've got almost $300 in the classified ad to find a tenant.
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Old 12-09-2004, 09:39 AM
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Default RE: How to get your money? Need Advice...

24 years of experience speaking here, go to your local library and find the “Florida Landlord Tennant Act”. Look up the chapter dealing with “return of security deposits” and proceed from there. Each state differs when it comes to the return of security deposits, some states allow treble damages, and others limit it to the actual money. You will need to follow the instructions TO THE LETTER if you expect to have a leg to stand on when you wind up taking the jacka$$ to court……. If I can help further PM me………
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Old 12-09-2004, 11:17 AM
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Default RE: How to get your money? Need Advice...

Good advice from Bailey. I know it is treble (triple) damages in N.J. if the deposit isn't returned within a certain period of time ( I believe 30 days) for no reason. Landlord must give a written reason the deposit is not being returned or be subject to treble damages. If it's the same in Fla., you should be looking at $2,400.00.
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Old 12-09-2004, 02:11 PM
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Default RE: How to get your money? Need Advice...

I have a brother who lived in Fla. and was involved in real estate. He told me at the time Fla. law was much more landlord friendly (less tenant friendly) than NJ. One of the reasons he looks there for real estate investment opportunities.

Take Bailey advice and start reading asap.

Good Luck
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Old 12-09-2004, 05:06 PM
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Default RE: How to get your money? Need Advice...

Was your lease with the owner or a property manager? If it was a manager and he is a REALTOR or a licensed real estate agent, you might do better with the board of realtors or the state license board.
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Old 12-09-2004, 05:51 PM
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Default RE: How to get your money? Need Advice...

I think you've been taken advantage of...as I understand it, nothing but the original lease is in writing, so here's my "landlord defense"...

1-my contract is w/the plantiff, for 1 year
2-it appears plaintiff moved out early, breach of contract
3-plaintiff "sub-let " unit, another breach of contract
4-I have 1 deposit to return to plaintiff after damage charges
5-I have to evict "sub-let" tennat at plaintif expense because...fill in
any excuse here.
6-I never authorised plaintiff to act as my rental agent
7-show me something in writing...or better yet mail it to my legal staff
oversees my other operations.

You've got a nice new house, forget about it, move on, as "Handel on the Law" says...you have no case.

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Old 12-14-2004, 01:20 PM
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Default RE: How to get your money? Need Advice...

Thanks for all of the advice guys. Bailey, looking up the landlord tenant laws was great advice. Because neither one of us followed through with the required paperwork, I was still entitled to my deposit money. After rambling off a couple of "Statute this, chapter that" to the landlord while threatening to take him to court, he finally gave in. I got my full deposit check in the mail yesterday.

Thanks again for all the advice.
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Old 12-14-2004, 04:43 PM
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Default RE: How to get your money? Need Advice...

Goes to show what can happen when people stand up for themselves....... Congrats......
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