Beg, Borrow, Steal Get an Attorney for Court

Posted on July 31, 2009

0


Beg, Borrow, or steal but whatever you do make sure you have an attorney if you need to go to court.  I went to Small Claims Court to get my money back from my old ex-landlord and lost even after the law and many attorneys that I have talked to stated that it was an open and shut case that the Florida Statute 83.49 clearly states if the landlord does not send you a letter stating that he/she is putting a claim on your Security Deposit money within thirty-days of vacating the premises that he/she loses all rights to the Security Deposit money.

83.49  Deposit money or advance rent; duty of landlord and tenant.

(3)(a)  Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to  (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

 

I went to Small Claims Court and lost my case and don’t know how.  The Judge Shelly Kavitz is either that stupid or she is getting paid off.  This woman should not be a judge in either case and should be removed from office.

Advertisements