M
mariee
Guest
- Jurisdiction
- Florida
The landlord besides deceiving us from a year lease renewal, also deceived us by giving me her word that the apartment was in great conditions during our walk through on the day of retuning her the keys to the home...my mistake, I did not get it in writing and trusted her word....would this be appropriate to send to her? keep in mind, I just went by reading and understanding what I could from the Florida law.
This is a letter of good faith as to a dispute in regards to the security deposit. The apartment was returned on August 24, 2016. Way before the month was over, 8 days before to be exact. And we had already paid for the full month. The fact that you didn't honor the agreement of the extended lease for an additional year that should have ended on March 31, 2017 and obligated us, my family to move out beforehand. I have the lease agreement as well as the emails and text that indeed your intentions of inputting the incorrect year on the lease was in fact premeditated. As your email and text state that you indeed was going to correct the year once I signed and sent it to you. After numerous of text asking for the lease you continued to say that you were going to send it. You never did. And to our surprise you never did, and instead served us in beginning of July with a certified mail that we had a little over 30 days to vacate. Because you were going to sell the home. All this time thinking we had an agreement for a year…Not only did you deceive us once, but also deceived us when we turned in the apartment to you on August 24, 2016.
We met on Wednesday August 24, 2016 to do a walkthrough. In fact my 2 kids were both with me. In which at the time of the walkthrough I found it kind of odd that your interest to look around the apartment were rather dismissive. As I insisted to show you the apartment you continued to tell me that everything was great and fine and I should not worry. I also asked you if we should sign something mutually stating that I left the apartment in great conditions. You gave me your word that the apartment was in great conditions and that I should not have worried. Turns out you deceived me, my family twice. For the second time, surprise, I received a certified letter stating that there were damages that were not "normal tear and wear". Instead of receiving my full deposit of $1850. I received a check of the amount of $796.03 with 2 Home Depot receipts totaling $293.97 and bill that just describes that we were charged $760.00. No breakdown of the charges what so ever. I should have signed a document instead of taking your word because if so, we would not be here where we are. As I do value my reputation, and in fact at all times gave you my word to return the apartment to you professionally cleaned and intact (beside normal wear and tear) and honored my word. Unfortunately, I can't say the same of you. You deceived me and my family not only once, but twice. I have video and pictures of leaving the apartment intact (beside normal wear and tear), well maintained conditions, and cleaned. Nothing out of the normal tear and wear. I also have the text and emails that I will be using as evidence that you indeed had a malicious intent to vacate us beforehand.
We have rights, as it states in the Florida law Statues Chapter 83.49 Deposit money or advance rent. Read full chapter as I will advance to the part where you fail to comply with the law…
Chapter 83.49 "(2)The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. . .. "
"(3) (a)upon vacating . . ..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 have the certified mail you sent and there is no disclosure there.
Once again this a letter of good faith, and intent to dispute the charges of damages deducted from my Security Deposit. And if so moving forward to further action as well as the charges that we incurred due to our forceful vacancy, breaking the lease agreement that we had until March 31, 2017. If you do not agree and would like further action taken, please do not respond to this letter within the 7 days of receipt of this letter.
Keep in mind whomever prevails in court, may be held liable for any damages, costs and attorney's fees incurred.
This is a letter of good faith as to a dispute in regards to the security deposit. The apartment was returned on August 24, 2016. Way before the month was over, 8 days before to be exact. And we had already paid for the full month. The fact that you didn't honor the agreement of the extended lease for an additional year that should have ended on March 31, 2017 and obligated us, my family to move out beforehand. I have the lease agreement as well as the emails and text that indeed your intentions of inputting the incorrect year on the lease was in fact premeditated. As your email and text state that you indeed was going to correct the year once I signed and sent it to you. After numerous of text asking for the lease you continued to say that you were going to send it. You never did. And to our surprise you never did, and instead served us in beginning of July with a certified mail that we had a little over 30 days to vacate. Because you were going to sell the home. All this time thinking we had an agreement for a year…Not only did you deceive us once, but also deceived us when we turned in the apartment to you on August 24, 2016.
We met on Wednesday August 24, 2016 to do a walkthrough. In fact my 2 kids were both with me. In which at the time of the walkthrough I found it kind of odd that your interest to look around the apartment were rather dismissive. As I insisted to show you the apartment you continued to tell me that everything was great and fine and I should not worry. I also asked you if we should sign something mutually stating that I left the apartment in great conditions. You gave me your word that the apartment was in great conditions and that I should not have worried. Turns out you deceived me, my family twice. For the second time, surprise, I received a certified letter stating that there were damages that were not "normal tear and wear". Instead of receiving my full deposit of $1850. I received a check of the amount of $796.03 with 2 Home Depot receipts totaling $293.97 and bill that just describes that we were charged $760.00. No breakdown of the charges what so ever. I should have signed a document instead of taking your word because if so, we would not be here where we are. As I do value my reputation, and in fact at all times gave you my word to return the apartment to you professionally cleaned and intact (beside normal wear and tear) and honored my word. Unfortunately, I can't say the same of you. You deceived me and my family not only once, but twice. I have video and pictures of leaving the apartment intact (beside normal wear and tear), well maintained conditions, and cleaned. Nothing out of the normal tear and wear. I also have the text and emails that I will be using as evidence that you indeed had a malicious intent to vacate us beforehand.
We have rights, as it states in the Florida law Statues Chapter 83.49 Deposit money or advance rent. Read full chapter as I will advance to the part where you fail to comply with the law…
Chapter 83.49 "(2)The landlord shall, in the lease agreement or within 30 days after receipt of advance rent or a security deposit, give written notice to the tenant which includes disclosure of the advance rent or security deposit. . .. "
"(3) (a)upon vacating . . ..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 have the certified mail you sent and there is no disclosure there.
Once again this a letter of good faith, and intent to dispute the charges of damages deducted from my Security Deposit. And if so moving forward to further action as well as the charges that we incurred due to our forceful vacancy, breaking the lease agreement that we had until March 31, 2017. If you do not agree and would like further action taken, please do not respond to this letter within the 7 days of receipt of this letter.
Keep in mind whomever prevails in court, may be held liable for any damages, costs and attorney's fees incurred.
