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Landlord refuses to return Last & Security due to Hurricane Wilma

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LouG906

Junior Member
What is the name of your state? Florida

Due to hurricane Wilma, my daughter's apartment was delcared unsafe and was forced to evacuate with a days notice. Her landlord refuses to return her last months rent and her security deposit which was given to him when she rented the apartment. Her rent was paid up to date and she inflicted no damage to the apartment. My daughter is a single Mom and needs the money to pay towards another apartment. What is her recourse. How can she get her deposits back.
 


Just Blue

Senior Member
LouG906 said:
What is the name of your state? Florida

Due to hurricane Wilma, my daughter's apartment was delcared unsafe and was forced to evacuate with a days notice. Her landlord refuses to return her last months rent and her security deposit which was given to him when she rented the apartment. Her rent was paid up to date and she inflicted no damage to the apartment. My daughter is a single Mom and needs the money to pay towards another apartment. What is her recourse. How can she get her deposits back.

What reason did ll give as to why he won't return the money?? Did he send her an itemized list of damages (that she was responsable for )to her?
 

LouG906

Junior Member
The landlord refuses to answer her call and she leaves messages on her phone. The only address she has for him is a P.O Box. The apartment is a condominium which was leased by the owner. Advising the Homeowners Assocation won't do any good. The only damage in the apartment was caused by the hurricane when the roof and ceiling fell in, left 3" of water throughout and the mold started to grow. No electric, no water. The entire building was declared uninhabitable and nobody in the building was allowed back into the apartment to possibly save some of their possessions. Does the landlord have the right to keep the last months rent and security. if not, is going to court the only way to retrieve the deposit?
 

FarmerJ

Senior Member
Have your daughter find out who was the condemning authority and get a copy of the condemn order and then search for specific state laws that require might require a speedier return of deposit payments when a property is condemned and wait for that time frame to pass and then go file in small claims court asking for the deposits return and make sure that the condemnation order is brought with to court to show the judge.
 
She is only owed a portion of the rent back. When the unit was destroyed, the lease terminated. Only the rent covering the remainder of the month should be refunded.
 

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