- August 22, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder: A Solution for Recovering Your Security Deposit
I recently had a disappointing experience while renting a short-term place in Florida. After vacating the property at the end of July, my landlord promised to return my security deposit within a few days. However, she has been evasive ever since, making it clear that she doesn’t have the funds to refund the full amount. So far, she has only returned $200 out of the $1200 owed to me. Although she claims she will eventually repay the rest, I have my doubts, considering her ever-changing excuses about financial difficulties. She has mentioned delayed tax returns, a pay cut at work, and her intention to move out of the apartment next month. Moreover, her unresponsiveness over the past two weeks has made me dubious about ever recovering the remainder of my money once she vacates the property.
Initially, I thought her behavior was simply odd and frustrating. However, I now suspect that she had planned this situation all along. When I first met her, she presented herself as the property owner and the lease agreement identified her as the landlord, failing to disclose any details about the sublet arrangement. Consequently, I have realized that she was, in fact, renting the property, and her stalling tactics were likely intentional, giving her more time to vanish without fulfilling her obligations.
Considering this predicament, I am seeking guidance on the most effective course of action to reclaim the remaining amount owed to me. I am aware that pursuing a claim in small claims court will involve some financial costs and considerable time and effort, with no guarantee of success. Nonetheless, I am prepared to face these challenges, so please refrain from suggesting that I abandon the pursuit or forget about the money altogether.
One option I am open to exploring is proposing a contract to my landlord, in which she would treat the outstanding amount as a loan. This agreement would entail her commitment to making monthly payments at a mutually agreed-upon interest rate of 29%, which would cover the interest fees I will incur on my credit cards while awaiting repayment. I would refrain from taking legal action as long as she adheres to this repayment plan. However, I acknowledge that there is still a risk that she might simply disappear without meeting her obligations. Being an out-of-state resident, I do have friends in the vicinity of the rental property, but their support is likely limited to serving her legal papers.
In this persisting dilemma, the AI Legalese Decoder can play an invaluable role. This cutting-edge technology offers a comprehensive solution in navigating the complex legal aspects of recovering your security deposit. By utilizing AI Legalese Decoder’s advanced algorithms and extensive knowledge base, you can swiftly decipher the most suitable legal actions to take and comprehend your rights as a tenant. The system can assist you in preparing the necessary documents for small claims court, ensuring accuracy and effectiveness. Additionally, the AI Legalese Decoder can provide you with tailored advice on negotiating a repayment agreement with your landlord, identifying potential risks, and strategizing around them.
With the assistance of AI Legalese Decoder, you can minimize uncertainty and maximize your chances of securing the full refund of your security deposit. Its user-friendly interface and step-by-step guidance make it accessible to individuals with limited legal expertise, thus empowering you to advocate for your rights effectively.
In conclusion, while recovering your security deposit may present challenges, the AI Legalese Decoder is here to simplify and enhance your legal approach. By leveraging this revolutionary tool, you can confidently navigate the intricate process ahead, ensuring that you protect your rights and maximize your chances of reclaiming what is rightfully yours.
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****** just grabbed a
>I’m open to the idea of having her sign a contract to treat this as a loan i.e. I won’t pursue legal action as long as she agrees to make monthly payments at 29% interest (the interest I’ll have to pay on my credit cards while I wait for her to repay me. I won’t dip into my savings currently).
That’s likely going to put you in violation of Florida’s usury laws.
If you want to sue her then just sue her.
She would have booted you if you had something come up and couldn’t pay rent.
That deposit wasn’t negotiable, she wasn’t supposed to spend it.
She’s choosing to screw you over instead of deal with her own problems.
Take it to small claims court, do not agree to a loan with interest.
1. Buy the sob story, let go of the money and move on with your life.
2. Demand the money immediately in full. It isn’t your fault your landlord failed to plan and its your money. Landlords cannot withhold security deposits for their own personal issues AND generally they are supposed to keep them in escrow or in an account untouched- not spend them.
3. After step 2- if the landlord doesn’t pay, sue them and hope you can get it.
4. Don’t do a contract, your money is owed to you immediately.
Demand the money in full and inform her that if she does not pay you immediately that you will take her to small claims court. Legally speaking she cannot hold onto that unless she can prove damage to the property, that you broke the lease, or that you missed bills. Though something tells me the initial $200 payment means she can’t prove any of that.
I’m not a lawyer, but take her to small claims. She’s already past the deadline to return it in Florida, so she cannot legally withhold any of it. She would have had to provide you with a notice and an itemized list for the damages weeks ago.
In NY and many other states she’d now owe you shes to triple the whole deposit. In Florida, she may owe you actual or punitive damages depending on whether she was acting in bad faith. For example, by law the deposit must be kept in a separate bank account. If she just put it in her own personal account, or just took cash, a judge might award punitive damages as it would show that your landlord never intended to handle it properly. Legally, it was never her money. You might be able to get your deposit plus 1x the amount in damages if you’re lucky.
Don’t play nice with her, just get your money back. Small claims is not that expensive or complicated. Also, if she doesn’t show up, you will then likely win by default, as your case is extremely strong anyway and she will not be there to defend herself or refute your claims. Then if she doesn’t pay in a timely manner, her property can be taken by the court (the sheriff’s office?) and sold off to pay what she owes you. I don’t know how it works in Florida, but in NY, any personal property, her car or even real estate can be seized and sold off to pay a judgement awarded in small claims, although I doubt she would want to let it get that far.
Florida State Statutes:
83.49ÔÇâDeposit money or advance rent; duty of landlord and tenant.ÔÇö
(1)ÔÇâWhenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlordÔÇÖs agent shall either:
(a)ÔÇâ**Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants.** The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
The other option is a bond. But since she doesn’t have the money, that’s a problem.
Landlords in Florida must deposit a security deposit (and advanced rent) into a separate account with a licensed and insured bank or savings institution located in Florida.
She’s not allowed to spend your security deposit.
If you paid the deposit with your credit card, have you explored disputing it?
If you use a 3rd party site such as AirBNB they might ban you for that, but they might be able to get your money back without having to go back to the bank. Have you contact the site?
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You can sure the landlord for not returning the entire security deposit on time. In Florida landlords are required to keep the deposit in a separate account so that they’re able to return it in a timely manner. It doesn’t sound like they’re following their legal obligation and you can file a small claims against them.
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Small claims court. Hopefully sheÔÇÖll come up with the money just so youÔÇÖll drop the suit, but if not, make sure youÔÇÖve got her admitting to owing you the money but refusing to pay via email, text message, or voicemail. Florida is a two party consent state, so you wouldnÔÇÖt be able to record a phone call without her consent.
So by law she has 15 days to return the deposit plus any interest it accured if it was in a savings account etc. She also had 30 days to submitt to you in writing why she is withholding, and if you disagree you can take her to small claims court.
However, people fall on hard times. If she has been a decent landlord and you arent hurting for the cash maybe you guys can work something out. But if you go that route I would get it in writing.
Not your problem she is bad with money. Put a lien on the property.
A few questions:
1. What type of agreement was in place between you and her. Was it one of the standard form leases between a landlord and tenant or was it something else?
2. I can’t quite tell from your writing, but was she living in the property too or was she subleasing the entire property to you?
3. What is the timeline of events? When do the tenancy come to an end? Did she say she was making any deductions from the security deposit? If she did say she was making deductions, what was the date of this?
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In most of the states, I am aware Of security deposits are to be held in separate accounts and not mixed in with the landlord’s other funds. If she does not have the money, She may have broken the law depending on what state You are in. I would file a small claims court suit.
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did you sign a lease or use an app? what was the agreement
Check the laws on your state. In my state, if she doesnÔÇÖt pay you within 90 days, she would owe triple damages ($6600) probably with a judgment on the property.
I wouldnÔÇÖt agree to a payment thing because that might become an unsecured loan rather than security deposit
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