How to proceed???

[nolow]

What is the name of your state? FL


State statutes state that if the landlord does not impose a claim against my security deposit within 30 days, they forfeit their right to impose a claim. Well, I received the letter today or actually the notice to pick up the letter at the post office via certified mail (as stated in statute). The date I moved out was July 30th and I received the letter today, September 1st.

I guess I have two questions.

Does the 30 days go by post mark or when I receive the letter?

If 30 days has elasped (post mark or delivery), how should I proceed? Should I just send them a letter quoting Florida statutes and demand my security deposit be returned? Should I open the letter or just send it back unopened? Since I haven't physically received the letter, I could have it returned to sender and have a follow up letter stating that time has elapsed.

 

[acmb05]

What is the name of your state? FL


State statutes state that if the landlord does not impose a claim against my security deposit within 30 days, they forfeit their right to impose a claim. Well, I received the letter today or actually the notice to pick up the letter at the post office via certified mail (as stated in statute). The date I moved out was July 30th and I received the letter today, September 1st.

I guess I have two questions.

Does the 30 days go by post mark or when I receive the letter?

If 30 days has elasped (post mark or delivery), how should I proceed? Should I just send them a letter quoting Florida statutes and demand my security deposit be returned? Should I open the letter or just send it back unopened? Since I haven't physically received the letter, I could have it returned to sender and have a follow up letter stating that time has elapsed.

Why not go pick up the letter? Hell there might be a check in it. Unless of course you know you had damage when you moved out and are now just looking for a way to get out of paying it. Btw it's the postmark on the envelope they will go by not when you received it.

My experience: When a landlord has to pay out money they wait till the last minute, when they are going to collect money they get it done as fast as possible. Also just because you dont pick it up does not mean they cant sue you for damages.

 

[treese]

Read acmb05's post again ...

Does the 30 days go by post mark or when I receive the letter?

The proof is in the post mark. As long as the LL can prove that the letter was sent, they are all set.

If it gets returned unopened, they will hand it to the judge as proof that it was sent. If you mark it return to sender, and it gets handed to the judge, you will see how judges react to liars


Don't play games ... open the letter and face reality.

 

[nolow]

You guys are quick to make judgments about people. I know they imposed a claim against my security deposit because it was sent certified 30 days (plus????). Under Florida landlord tenant laws they have 15 days to return a security deposit if they do not intend to impose a claim. I'm not trying to hide from anything, but how many times does a landlord return a security deposit in full? It doesn't happen very often unless you have lived in the apartment a long time, or you live in an apartment that only rents to professionals. Since the apartment complex mostly rents to college students, they will at least charge me for a $15 light bulb. That has been my experience in the past. atleast. I'll check the postmark tomorrow, but if it is postmarked August 30th or later, I'm not paying them no matter what they charge me for. Would you???? It says they have 30 days in the statutes or they forfeit their right. If I were to pay my rent one day late, they were quick to charge me a 10 percent penalty. I'm just doing the same thing they would do to me. Moreover, if the judge sees the letter unopened with a postmark in my favor, where is the lie??? I'm actually going to keep it for my records, and if I do open it, it will be out of curiousity not because I have to (if postmarked accordingly).

 

[fairisfair]

was your rent paid through July 30th?? if so, then technically, you moved out on August 1 Did you do a walk through with your landlord?? on what date???

If you got the letter today, then obviously it was mailed at least 1 day ago, putting them within the 30 days.

Sure keep that attitude, that you aren't paying them for anything, after all, they already have your money don't they??

Good luck with this one!! by the way IMHO, nobody was in any way judgemental towards you, they answered your questions in a friendly and responsible manner.

YOU on the other hand. . . . . . .

 

[nolow]

was your rent paid through July 30th?? if so, then technically, you moved out on August 1 Did you do a walk through with your landlord?? on what date???

If you got the letter today, then obviously it was mailed at least 1 day ago, putting them within the 30 days.

Sure keep that attitude, that you aren't paying them for anything, after all, they already have your money don't they??

Good luck with this one!! by the way IMHO, nobody was in any way judgemental towards you, they answered your questions in a friendly and responsible manner.

YOU on the other hand. . . . . . .

It was just their assumptions that I was hiding from something. Do the math again on what is 30 days. I moved out on July 30th and have a "key turn in form" with the date and time I moved out. No, I didn't do a walk through (apartment complex wouldn't do one). The form I had them copy for me states that I am turning over the apartment to them. Therefore, It needs to be postmarked by August 29th to be within their 30 days. Moreover, who cares who is holding the money, they still have to abide by the laws, or I will win in court. Hell, they will even have to pay for my attorney fees if I get one. I don't, however, think it will go that far. I don't think they will want to waste time and money on this one.

 

[acmb05]

You guys are quick to make judgments about people. I know they imposed a claim against my security deposit because it was sent certified 30 days (plus????). Under Florida landlord tenant laws they have 15 days to return a security deposit if they do not intend to impose a claim. I'm not trying to hide from anything, but how many times does a landlord return a security deposit in full? It doesn't happen very often unless you have lived in the apartment a long time, or you live in an apartment that only rents to professionals. Since the apartment complex mostly rents to college students, they will at least charge me for a $15 light bulb. That has been my experience in the past. atleast. I'll check the postmark tomorrow, but if it is postmarked August 30th or later, I'm not paying them no matter what they charge me for. Would you???? It says they have 30 days in the statutes or they forfeit their right. If I were to pay my rent one day late, they were quick to charge me a 10 percent penalty. I'm just doing the same thing they would do to me. Moreover, if the judge sees the letter unopened with a postmark in my favor, where is the lie??? I'm actually going to keep it for my records, and if I do open it, it will be out of curiousity not because I have to (if postmarked accordingly).

Sure they may have made a claim, HOWEVER it may not have covered your entire deposit, in which case there MAY be a check in the envelope to.

BTW they can't charge you for lightbulbs.

And when they sue you for not paying it then you can come back here and bitch becasue you are getting sued and complain about how they never served you the notice.

It would be in your best interest to open it because if they are charging you for stuff that they can't then you would have no defense against it because you did not bother to read the letter. So when they sue you you can't say "But your honor I did not know"

 

[acmb05]

It was just their assumptions that I was hiding from something. Do the math again on what is 30 days. I moved out on July 30th and have a "key turn in form" with the date and time I moved out. No, I didn't do a walk through (apartment complex wouldn't do one). The form I had them copy for me states that I am turning over the apartment to them. Therefore, It needs to be postmarked by August 29th to be within their 30 days. Moreover, who cares who is holding the money, they still have to abide by the laws, or I will win in court. Hell, they will even have to pay for my attorney fees if I get one. I don't, however, think it will go that far. I don't think they will want to waste time and money on this one.

You see what you don't understand and I was corrected on last week is. Even if they did not send it in time and have to give you your deposit back THAT DOES NOT stop them from suing you for any damages. You are still liable for those.

 

[nolow]

Sure they may have made a claim, HOWEVER it may not have covered your entire deposit, in which case there MAY be a check in the envelope to.

BTW they can't charge you for lightbulbs.

And when they sue you for not paying it then you can come back here and bitch becasue you are getting sued and complain about how they never served you the notice.

It would be in your best interest to open it because if they are charging you for stuff that they can't then you would have no defense against it because you did not bother to read the letter. So when they sue you you can't say "But your honor I did not know"

That is not how it works. I appreciate your first response regarding the postmark date being the one I'm cocerned with. No, there can't be a check in the mail unless it is for the full deposit. That isn't how it works here in Florida. They have to send me a letter imposing a claim against my security deposit. I then have 15 days to object in writing to their claim. If I do not send a letter, then they will deduct from the deposit and send me the remainder if there is any. And, yes they can deduct for lightbulbs. I know your trying to help, but do not post incorrect advice. It could deter someone from pursuing something they could potentially have a claim against. That is why I told the previous poster who cares who has the money. The money isn't actually theirs until all the stated above takes place. That is why they have to hold the money in a seperate account and notify me where the money is being held.

 

[nolow]

You see what you don't understand and I was corrected on last week is. Even if they did not send it in time and have to give you your deposit back THAT DOES NOT stop them from suing you for any damages. You are still liable for those.

I agree. You can sue for anything in this country. I know my liability isn't lifted just because my security deposit has to be returned. However, it will be a lot harder for them to sue me to get the money then it will be to just deduct from my deposit. They will need to initiate the action, and I already have a countersuit planned. It won't be for much, but they didn't prorate my first or last months rent, and I will be asking the judge for that back along with anything I deem unreasonable deductions.

 

[fairisfair]

It was just their assumptions that I was hiding from something. Do the math again on what is 30 days. I moved out on July 30th and have a "key turn in form" with the date and time I moved out. No, I didn't do a walk through (apartment complex wouldn't do one). The form I had them copy for me states that I am turning over the apartment to them. Therefore, It needs to be postmarked by August 29th to be within their 30 days. Moreover, who cares who is holding the money, they still have to abide by the laws, or I will win in court. Hell, they will even have to pay for my attorney fees if I get one. I don't, however, think it will go that far. I don't think they will want to waste time and money on this one.

trust me, I can count. Do you know what postmark is on the letter?? Also, just because you left early, that does not necessarily change period of time that they have to present charges. Heck, what if you had moved out a week early, it wouldn't change their ability to enter and clean the apartment, because technically, if you paid the rent, it is still YOUR apartment. I have a feeling that you are going to find they either were within or exactly on the 30 day requirement.

 

[fairisfair]

I agree. You can sue for anything in this country. I know my liability isn't lifted just because my security deposit has to be returned. However, it will be a lot harder for them to sue me to get the money then it will be to just deduct from my deposit. They will need to initiate the action, and I already have a countersuit planned. It won't be for much, but they didn't prorate my first or last months rent, and I will be asking the judge for that back along with anything I deem unreasonable deductions.

.

Oh good, sounds like you have everything completely under control. You probably don't need us.

PS my point about the money was not that it changed the legality of the situation, just that it would be alot easier for you to not pay, than it will be for you to recoup those funds.

 

[nolow]

trust me, I can count. Do you know what postmark is on the letter?? Also, just because you left early, that does not necessarily change period of time that they have to present charges. Heck, what if you had moved out a week early, it wouldn't change their ability to enter and clean the apartment, because technically, if you paid the rent, it is still YOUR apartment. I have a feeling that you are going to find they either were within or exactly on the 30 day requirement.

Please read through all posts before posting. On one of my posts, I state that I would oountersue them for prorated rent. They actually ended the lease on the 30th even though I had to pay a full months rent. When I signed the lease, I asked them to extend the lease to the 31st because everybody moves in on Aug 1st in college towns. Since they always do what is in their best interest, they wanted their nonrenewing tenants out early for turnover purposes.

Therefore, the lease ended on July 30th at noon. Also, you are wrong about them not being able to enter the apartment. That is why they make you sign a key turn in form and sign it. Here is what it states.

I hereby certify that my apartment is vacant and in ready to rent condition as of the date of my signature below. I understand that I may be charged for any deficiency that may be found by the management and that management may now enter the apartment at any time for the purpose of determining and correcting such deficiences which may include but are not limited to cleaning, painting, steam cleaning, removal and disposal of personal property, garbage removal, maintenance and repair.

 

[fairisfair]

Please read through all posts before posting. On one of my posts, I state that I would oountersue them for prorated rent. They actually ended the lease on the 30th even though I had to pay a full months rent. When I signed the lease, I asked them to extend the lease to the 31st because everybody moves in on Aug 1st in college towns. Since they always do what is in their best interest, they wanted their nonrenewing tenants out early for turnover purposes.

Therefore, the lease ended on July 30th at noon. Also, you are wrong about them not being able to enter the apartment. That is why they make you sign a key turn in form and sign it. Here is what it states.

I hereby certify that my apartment is vacant and in ready to rent condition as of the date of my signature below. I understand that I may be charged for any deficiency that may be found by the management and that management may now enter the apartment at any time for the purpose of determining and correcting such deficiences which may include but are not limited to cleaning, painting, steam cleaning, removal and disposal of personal property, garbage removal, maintenance and repair.

perhaps you might have included those little tidbits of information in your original posts.

regardless, as I said before you have it all under control. good luck

 

[nolow]

Update:

Well, I picked up the letter today, and it was postmarked Aug 31st. I'm going to write a letter asking for my entire deposit to be returned. It actually wasn't as bad as I thought. They charged me $100 for cleaning (which I believe is excessive), $45 touch up paint, $22 for burner pans, and $60 for carpet shampoo. I took pictures when I moved in (next to newspaper) and when I moved out. I believe I will have more leverage after the deposit is returned. I replaced all the burner plates except one (out of stock at Lowes), so I'm not paying $22 for it even if it includes labor. I guess I'll negotiate with them and send them a check at a later date. I just hope they don't put it as an unpaid balance on my credit report. They should make at least some attempt to collect after the security deposit is returned before placing it as a collection account. If they do, I'll deal with that when it comes.

Thanks for all your help.