Hello,
My ex-landlord is keeping our security deposit, sent a paper from the "landlord protection agency" online, that listed several things a landlord could charge a tenant if they don't take care of the house. On that paper he circled things he supposedly did e.g. window cleaning x9 ($11 each), drip bowl replacement on the oven $28, door replacement $155, blind replacement $75, carpet cleaning x2 rooms each $75, flea extermination $375 (we had monthly pest controll indoor and outdoor which the landlord provided, and I have monthly flea controll on my pets) and several other things, and he stated these things exceed our $1100 deposit.
The notice he send to us was not dated, and not signed, and according to the Florida statues, he left out a very important message, he "forgot" to mention that I had 2 weeks to oppose. Anyways, I called him the day I received his notice, left him a message that I don't agree with his claims, of course he did not call back.
I wrote him a letter which I notarized, sent by certified mail with return receipt, which arrived at his house within the 2 weeks I had to oppose, but he was not there or refused to take it, who knows. But of course I have proofe that the attempt was made to deliver it. He also never went to the post office to pick the letter up. I made the post office redeliver, and his wife actually signed for it. In the meantime, we went to the new renters, and get this: all the things he supposedly did (replace the door, replace the dripbowls, replace the blinds...) he did not do! The old door is still there (the cat door we installed is in there), the old, used drip bowls are still there, and so on. We took pictures!!!
Anyways, my question though is, since my letter was acually not physically received within the 2 weeks I had to oppose, (just attempted to deliver), will I still be able to take him to small claims? I mean it is not my fault that he never went to pick up my letter from the post office, the notice was left with him that he had a letter waiting for him at the post office that required his signiture!
I just am thrilled that I have proof that he lied to us about his claims!!!
Anyways, what do you think?
Thank you so much
My ex-landlord is keeping our security deposit, sent a paper from the "landlord protection agency" online, that listed several things a landlord could charge a tenant if they don't take care of the house. On that paper he circled things he supposedly did e.g. window cleaning x9 ($11 each), drip bowl replacement on the oven $28, door replacement $155, blind replacement $75, carpet cleaning x2 rooms each $75, flea extermination $375 (we had monthly pest controll indoor and outdoor which the landlord provided, and I have monthly flea controll on my pets) and several other things, and he stated these things exceed our $1100 deposit.
The notice he send to us was not dated, and not signed, and according to the Florida statues, he left out a very important message, he "forgot" to mention that I had 2 weeks to oppose. Anyways, I called him the day I received his notice, left him a message that I don't agree with his claims, of course he did not call back.
I wrote him a letter which I notarized, sent by certified mail with return receipt, which arrived at his house within the 2 weeks I had to oppose, but he was not there or refused to take it, who knows. But of course I have proofe that the attempt was made to deliver it. He also never went to the post office to pick the letter up. I made the post office redeliver, and his wife actually signed for it. In the meantime, we went to the new renters, and get this: all the things he supposedly did (replace the door, replace the dripbowls, replace the blinds...) he did not do! The old door is still there (the cat door we installed is in there), the old, used drip bowls are still there, and so on. We took pictures!!!
Anyways, my question though is, since my letter was acually not physically received within the 2 weeks I had to oppose, (just attempted to deliver), will I still be able to take him to small claims? I mean it is not my fault that he never went to pick up my letter from the post office, the notice was left with him that he had a letter waiting for him at the post office that required his signiture!
I just am thrilled that I have proof that he lied to us about his claims!!!
Anyways, what do you think?
Thank you so much
