Landlord in foreigh country

[gerardbrbr]

Prior to my departure from Las Vegas I secured an apt in Miami through Craiglist and the help of a local real estate agent. I sent a one month deposit prior to my departure and gave first and last month when I received the keys on my arrival. The next day the management office explained to me that my landlady has broken the rules of the Condominium Association and therefore I could not be approved. On that discovery I asked the owner to return my deposit and last month ($2400) telling her that I would move out at the end of May since I had paid for it. She refuses. I also discovered she was leaving in Argentina all this time, she has a Florida telephone number which get forwarded to her number in Argentina.
The lawyers of the Association have sent her a certified letter explaining the rules that she broke. The management office has told me their lawyers are on my side and are trying to help me.
I called lawyers who told me that they were not interested by a small amount of money, but also told that I would most likely waste my time and money since serving papers to someone out of the country is very hard.
Can the owner evict me, although she has my money and refuses to pay back?? Can the Association evict me if I decide to stay June & July without sending any rent in order to get my $2400 back??
What should I do ???
I cannot afford a new apt unless I get that refund from her. HELP!!!

 

[sfitz]

It appears that your landlord did not act in good faith when making the agreement with you. Did you sign a lease? What role did the realtor play in securing the agreement?

The landlord is obliged to return your deposit and any funds since she did not act in good faith. The fact that the landlord didn't follow the proper procedure with the condo board should not cause you any financial hardship--that is the landlord's responsibility to sort out.

Since she has not returned any of the funds, I would say you are entitled to remain in the apartment. In fact, I would stay in the apartment for a full three months that covers the cost of the deposit and the first and last months rent.

 

[gerardbrbr]

Thank you for your input.Yes I do have a lease. I agree with you I intend to stay in the apt for 3 months to use up the money she is holding.
Take care.

 

[dee_dub]

I agree with s_fitz, with the caveat that the condo association may have the right to evict you. (Many do, because rentals tend to bring down the value of the condo property.) Considering they are "on your side" at the moment, for whatever that's worth, you may not want to piss them off. You may wish to inquire of the condo association whether there's anything you can do to bring your tenancy within their rules, or explain to them that your tenancy will be for 3 months max and that you will be a model tenant while there. Your short-term tenancy could also be a benefit to the condo association, because they may be able to fine the owner for every day you reside there against their rules. So maybe something could be worked out.

If she tries to evict you, sue her in small claims for the return of the deposit. Serving papers on someone out of the country is bound to be tricky, but I'm sure if she's trying to evict you you will have some way of contacting her.