I rented an apartment i miami from a landlord who sold the apartment during my lease, the new landlord has not refunded my security deposit within the 15 days time period after the lease, he/she has also not sent me a certified letter. The new owner is from Venezuela and his "nephew/broker" is handling my security deposit and is not answering my calls. Legally in Florida the owner has given up his right to the deposit if he or she doesnt not within 15 days inform the leasee of a reason why he or she is claiming it for repairs. What should I do, how will I serve the owner of the apartment if he lives abroad? I have no idea if the deposit was transferred into another escrow account when the apartment was transferred to the new owner. help!!
2007-04-21 09:40:19 · 5 answers · asked by Matthew G 2 in Business & Finance ➔ Renting & Real Estate
Was the deposit put in escrow account originally? Do you have the account number (if it is a true escrow account, you had to sign a bank document to start the account).. if that is the case, call the bank and see who is the other owner, your old landlord or your new one.
If you do not have the account information, then you should file suit against the owner overseas and his/her agent in the states (that nephew).
If this is a large deposit, contact an attorney. These people will probably stonewall an individual, but talk to a lawyer.
luck
2007-04-21 10:33:44 · answer #1 · answered by thevoiceofreason2b 5 · 0⤊ 0⤋
Serving him in a foreign country will cost you more than it's worth. Hiring an attorney will cost you more than it's worth.
Most probably, you've lost the money. I had luck contacting the Better Business Bureau in a security deposit dispute one time, but mine was with a bigger company. If he just owns one building, he probably won't care, but I think that may be your best bet.
You also might do a records search and find out where the owner actually lives. He probably is letting his nephew manage the property, and he may not even know about it himself. Send him a letter, and see if he might actually care.
2007-04-21 10:05:22 · answer #2 · answered by skip742 6 · 0⤊ 0⤋
You need to talk to a Florida attorney. In my state, we have a long arm statute which permits service upon the Secretary of State as being the same as actual service. The upshot, since renting is a business, is that you can then proceed to court, get a judgment, have them not pay on the judgment, then proceed to get a lien against the property and then ultimately if necessary sell the property to recover costs, interest and the judgment.
You will need a Florida attorney however.
2007-04-21 09:45:48 · answer #3 · answered by OPM 7 · 1⤊ 0⤋
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2016-12-10 08:01:59 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Go to small claims court.
2007-04-21 09:44:25 · answer #5 · answered by notyou311 7 · 0⤊ 0⤋