All Forum Posts by: Jason Smith

@Brad Stein I am interested in the answer to this question as well. I keep all my security deposits and last months rent in one separate non-interest bearing account. But the wording of the statue is confusing. If you were doing an interest bearing account, you really would have to do one account each as returning at least 75% of the interest acrude would get confusing.

Just listened to Crime Junkie:Bruce Blackwood episode where the guy traded rent for renovation services. Landlord ended chopped up and thrown in trash cans.

You should talk to an attorney now, and if both your intentions were 1/2 ownership you should have talked to an attorney then. But it kinda sounds like you walked away from the house in 2012 in the agreement you made. Likely until mid-2014 most people would give up their rights to a house purchased after 2007, as value if the house would be close to, if not underwater. If you had forced the sale of the house in 2012, you would have had 6.5k equity, but owe 6.6k in realtor fees plus sellers fees. In 2012 it sounds like a worthless asset at best, a couple thousand dollar liability at worst. Why would you ex make full payments on a property for 11 years that half belongs to his ex-wife? The lack of alimony or child support payments sound like a separate issue.

Simple...

1. Close the border and deport illegal immigrants

2. Stop allowing citizenship for every family member of people legally granted citizenship

3. Do not allow foreign citizens to purchase or own land

4. Limit the number of SFH a corporation owns to maybe like 1% of the number of their employees

5. Limit the number of homes an individual can own to like 3 total (including any fractional ownership)

6. Balance the percentage of building permits issued between apartments vs SFH/townhouses to a reasonable percentage - otherwise 4 & 5 might cause all the investors to buy up all the land for apartments

7. Require Innovation Homes, Arrived, REIs, etc to reduce the number of SFH they own by atleast 5%, and no more than 10%, each year until they comply with 4

Quote from @Greg Smith:

Quote from @Jason Smith:

@Greg Smith If you are making a claim against the deposit, the law says you have 30 days to send the notice, the tenant has 15 days to object, and then you have 30 days after the letter to send the remainder portion back. Unless you think the tenant may sue and then you can keep it all.

You see how stupid the last sentence sounds. You better get a check out or unstop that check within 60 days of them vacating. You better hope the security deposit was held properly in an non-interest bearing account (otherwise that is another easy win for tenant's lawyer). FIRE YOUR PM AFTER THIS IS RESOLVED.

Thanks, Jason.  So if I understand you correctly, the property manager is operating outside the Florida statutes.  It is going on 90 days since the landlord levied claims against the security deposit. The tenant responded disputing those claims within 15 days, the appropriate legal time frame.  The Stop Order was placed on the property manager's check over 60 days ago.  

Just reading more off Google, I was wrong. The Property Manager did the right thing. If the tenant disputes within the the 15 day time frame, then they should withhold the security deposit until the dispute is resolved. It is not really stated in the statues, but what Jacksonville Area Legal Aide says to do. I guess your friend should either formally tell them they are no longer disputing the charges and want the undisputed money back or take them to court with photo evidence.
Not well-versed in this as I have only withheld a portion of one security deposit. And my notice of intent to withhold had enough photo evidence attached to the letter to leave no question.

@Greg Smith If you are making a claim against the deposit, the law says you have 30 days to send the notice, the tenant has 15 days to object, and then you have 30 days after the letter to send the remainder portion back. Unless you think the tenant may sue and then you can keep it all.

You see how stupid the last sentence sounds. You better get a check out or unstop that check within 60 days of them vacating. You better hope the security deposit was held properly in an non-interest bearing account (otherwise that is another easy win for tenant's lawyer). FIRE YOUR PM AFTER THIS IS RESOLVED.

@Jack Wang "The landlord is not obligated to return a tenant's security deposit or give the tenant a written description of damages and charges until the tenant gives the landlord a written statement of the tenant's forwarding address for the purpose of refunding the security deposit." - Texas rules. If the demand letter was the first time they gave you their forwarding address than you have another 30 days to refund the money.

I would give the full deposit back, given your description I would have never withheld anything. They can sue for $100 plus 3 times the wrongfully withheld amount, plus lawyer fees. The deductions sounds like wear and tear, a slight inconvenience with light bulbs (maybe a $100 handyman call) and some over-looked cleaning (maybe $350). Can't imagine anyone withholding more than $500.

Why not just tell them no smoking in the house? And whenever you write a new lease put it in the lease. If they break it, evict.

And with ozone generators make sure everyone is out of the building humans/plants/pets if these units are somehow connected or share vents (you mentioned furnace filtering - so I don't know I'd these units are connected or not).

You have to call and shop every 1-2 years. Insurance companies are having to double their costs or go out of business - it has been happening in California and Florida in the last several years. Cost to rebuild increased, roofing and water remediation scams teamed up with shady lawyers that want to sue for fees.

These answers seem weird to me. If the sisters qualify with their combined income and credit scores, then put just the sisters on the lease and be done with it. Require a background check for their guests (boyfriends) still. Same as you would if single sisters rented and later got boyfriends.