Help! Landlord comingled funds

[dberan]

What is the name of your state?Florida
My landlord did not keep the money she collected for security and last months rent in a separate account as required by fl stats. We gave notice to vacate and asked her to apply the "last months rent" she was holding for this last month. She called and asked us to stay a few months longer and that she was having cash flow problems and needed the rental income. Bottom line: what are the remidies to me for her not complying with keeping that security and advance rent in a separate account. Thank you

 

[FoolOnTheHill]

What is the name of your state?Florida
My landlord did not keep the money she collected for security and last months rent in a separate account as required by fl stats. We gave notice to vacate and asked her to apply the "last months rent" she was holding for this last month. She called and asked us to stay a few months longer and that she was having cash flow problems and needed the rental income. Bottom line: what are the remidies to me for her not complying with keeping that security and advance rent in a separate account. Thank you

As long you legally terminated your lease, you're entitled to the deposit + last month's rent + interest (for the duration of your lease). Your remedy is to sue her in small claims court (unless the amount exceeds $5000.00) which will also entitle you to any reasonable fees associated with filing. Below is the link for landlord/tenant laws in Florida. Security deposits are addressed in 83.49

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Statute&URL=Ch0083/ch0083.htm

 

[dberan]

Help!! Commingled...

Thank you...but can I sue for damages due to the fact that she did not keep funds separate? Violation of the statute. Any recourse?

 

[HomeGuru]

Thank you...but can I sue for damages due to the fact that she did not keep funds separate? Violation of the statute. Any recourse?

**A: how were you damaged by such state statute violation? Did she deposit your money in her personal checking account and lost it playing poker with her cronies?

 

[Florid-aise]

While you are reading through the L/T statutes of Florida. Please take note that the LL must inform you of which type account the security deposit has been placed. An interest bearing account, or a non-interest bearing account.

 

[dberan]

She didnt deposit...

She NEVER deposited the entire amount...So yes, she could have lost it to her cronies...If you had to be sarcastic, I didn't need it. The point is, it looks like Im not going to get the funds. Thanks (sic)*for your concern and wise advice.

 

[FoolOnTheHill]

There's no reason why you couldn't recover what you're owed in small claims court. Over and above that is anybody's guess.

 

[Who's Liable?]

The law states that she can take the LL to court to get her money back, but there is no additional clause or statute that states she can sue for extra because the LL did not properly put the security depoist in a separate account...

So the answer is NO... You cannot sue for additional monies because there is no law that states you can...

You can sue her for the amount of the deposit if she does not return it to you in a timely manner as outlined in your states statutes... You can try and sue her for additional monies but most likely the judge will slap the LL on the hand and tell them to do better next time...

 

[dberan]

Thank you for your help...