Hi, I'm renting a room from a family, there was no written lease it was just on a month to month to basis. They have a mortage on the house. I want to leave now and he says that he spent my security deposit and won't be able to give it back for 30 days. I've done some reasearch and I've found that in state of Florida, what he's done is basically illegal, my money should be in a seperate account, not mixed with their funds. And that I should get my money back in 15 days or a letter listing damages in 30. I want to scare him into giving my money back by threatening legal action and cover my butt. I've read I should send a certified letter saying that I'm quitting renting from him and where to send the security deposit, is that right? Anything else that I should include with this letter? I also figure I should take photographs of my room so they can't say I messed it up, and have witnesses. Are relatives considered good witnesses or no? Anthing else I should do?
2006-09-25 13:36:18 · 5 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
Your research of the facts is right on IF there was a lease on the property. A threatening letter may work, But if your bluff is called, you aren't likely to see you money again because without a lease, that "security deposit" you paid can't be proven to be a security deposit. Commonly a lease states that when the tenant, you, is planning on moving out after the original term of the lease, a 30 day written notice must be given to the landlord (certified mail is advisable). But since you don't have a lease, there is no need to abide by these guidelines. The best thing you can do to get the value of your deposit is to withhold rent. They can't come after you for the same reason you can't go after them (no contract).
2006-09-25 15:15:59 · answer #1 · answered by linkus86 7 · 0⤊ 0⤋
Sounds like the advice you've gotten is about right... Pics are an excellent idea!!
Move out, and on moving day, take the pics, get triples!, send a copy with the letter, keep a copy with your records, and the 3rd for when you file your claim in small claims- which you should do on day 16 after you move.
Next time, get it all in writing!! Your landlord may try to back out, claiming that there was no deposit paid (did you pay with check? or get a receipt?), that you never paid your rent (again, what method of pmt did you use? did you get a receipt?)... He could say a lot of things if this does go to court....
If/when this goes to Small Claims court- be aware you don't have an attorney there, it's all you vs him... and the evidence! Take any/all documentation you can find... If he didn't pay back your deposit by the 15th, the court may fine him something, but I doubt a judgement will hurry the guy.
2006-09-25 13:53:02 · answer #2 · answered by Yoda's Duck 6 · 0⤊ 0⤋
A picture is worth a thousand words. There is basically no way you can get your money before he has it to give. If he says that he will return it in 30 days have him sign a paper saying that there are no damages to the room and that he will return the total amount of your deposit on a specific date. If he doesn't take him to Small claims court.
2006-09-25 13:43:32 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Your first mistake was not having the rental agreement and deposits paid in writing. It is going to be hard for you to recover that. Why not stay the extra 30 days and then get your deposit when you move? Next time you are a renter, get everything on a contract.
2006-09-25 13:46:41 · answer #4 · answered by godsgirl 4 · 0⤊ 0⤋
You seem to know your stuff. If you really want to F*** them hire an attorny. If you want to go the cheap way, use google answers, they are really good.
2006-09-25 13:45:19 · answer #5 · answered by maxroth@pacbell.net 2 · 0⤊ 0⤋