anonymous
LONGWOOD,#2Author of original report
Sun, April 28, 2013
YES, I was in full compliance!!!
Nick Name
phoenix,#3General Comment
Sat, April 27, 2013
Having been a real estate property manager, (a hired landlord for home/apartment owners) for many years, I know a thing or two about this.
First off, in every state, or almost every state, and I just looked at the Florida landlord tenant laws, the person you rented the property from has to return your security deposit with 15 days.
In my state, and in most I am sure, when you prepare to vacate, you give 30 days written notice from the next rent due date. If its due on the first, your notice is effective on the first. So assume its April 27 (today), rent is due May 1. You write a letter, "Dear landlord, I am moving out effective May 31 2013, thank you". AND MAKE SURE IT IS RECEIVED on or before MAY 1st (in this example). Not may 2nd, but 30 days from the date the rent is due. If your rent is paid on the 15th, then you give 30 days from the 15th etc.
If you give them the letter on the 2nd, the 30 days starts June 1. And so on. So be on time. one second past the date rent is due, and they (landlord) can technically require you to pay the month of rent, and to even raise the rent. SO if your lease ends on may 31, you give notice on may 2nd, they would accept it effective June 1, you would be obligated for rent until the end of June. They could give you a letter that says, "effective July 1, (30 days from next rent due date if on May 2), rent will increase.
So make sure you are ready to move before you give the letter, and make sure it is timely. I as property manager --owe you one thing--to comply with the law. HOWEVER, my legal obligation is with that owner. So I have to report that I received notice a day late, and explain the options to him/her. If I didn't, I could be held responsible for lost rent etc.
So, did you give written notice?
Was the property returned to the landlord in "rent ready" condition, or as good/better than received--and or per terms of the lease. In mine, landlord has to have carpet professionally cleaned. Not rent a cleaner, not spray a can of carpet cleaner, but has to hire a professional. I require the receipt. I need 30 days notice, and at the end of the 30 days, the tenant calls and says, "OK--I am out, I would like to walk through with you, when",
It is imperative that you return the keys prior to May 31 (in our example). So, there are countless questions that make it impossible for anyone to know why your deposit was not returned, and accusing them of being dishonest, ---that just sounds like sour grapes.
1- did you have any outstanding balance? late fees, unpaid rent, damages etc.
2- did you give the 30 days written notice from next rent due date as I explained?
DID YOU MAKE sure they received it?
3- Did you comply with all terms of your lease, ie have carpet cleaned, painting, cleaning, whatever
the terms of your lease are/were?
4- Did you leave the property in "rent ready" condition or was it a mess, and damaged or unworking appliances, light bulbs, etc?
5- on Move in-- Did you photograph the property or make an extensive written description of condition? Or did say, "Looks good"
6- on Move-out, Did you photograph the property, and or make extensive notes? Did you do a
Walk through with landlord?
7- Did you return the keys on or before the last day of the month (or 30 day time frame). If you were even one second late, technically the landlord is entitled to the entire month of rent.
I think that is enough information. If you did all of that, and can say without any hesitation, "YES---I was in full complliance, and have documentation", then you will not only get your deposit back, but in many states, a multiplication of the amount, in my state treble, (3x) damages.
This is the first thing any attorney or any public advocacy group will ask, this is the first think a small claims judge will look at.
I hope this is helpful to you.