Total Loss due to a fire

Diane said:
I believe you are missing what I am saying.
Click to expand...

Maybe. At this point there is no point in continuing to go round and round without looking at the numbers.

If you want further discussion you'll have to tell me your policy limits (Coverage A, B, C, D), your deductible, the numbers (itemized by coverage) from the claim you submitted and the numbers (itemized by coverage) that the insurance company is giving you in return.
 
Adjusterjack,

Thank you for your input. I believe that I understand the amount that they owe when they say they are going to pay the policy stated limit for the Coverage C less the check that they have given to me. It's just that the 3700 wasn't given to me and if the landlord didn't give it back for some reason it just doesn't make sense that they would try to deduct it from my Coverage C amount. That is what all of this has been asking and I have read my policy through and there is nowhere in it that it states any money paid for temp. housing would be deducted from Coverage C.

Thank you again.
 
You're right. The security deposit paid for temporary housing has nothing to do with Coverage C - personal property.

Let me try another example:

Coverage C limit - $50,000.
Personal property loss - $60,000
Adjuster says: You've exceeded the limit so we'll pay the $50,000 limit less $3700 that we already paid you so your net payment for personal property is $46,300.

Is that what is happening (different numbers, of course)?
 
Diane said:
the 3700 wasn't given to me and if the landlord didn't give it back for some reason
Click to expand...


The landlord owes you the $3,700.

Read your lease.
You didn't breach the lease.
The lease was broken by accident, or an act of God.
The fire caused you not be able to occupy the dwelling.

I suggest you ask the LL by certified letter requesting the FULL return of your $3,700.
Demand that he return the deposit in FULL with 7 days, or you'll have no choice but to go to court.
Contractually he can't just keep it, as that would cause him to be unjustly enriched.

After the two weeks has passed, sue him/her in small claims court.

I suspect this applies to you:

Landlord tenant law in the state of Florida is very clear There are specific steps and requirements that a landlord must meet regarding security deposits. If the landlord does not follow the exact letter of the law then their right to withhold ANY of your deposit money is forfeited completely. In this case Tenant laws in the State of Florida force the landlord to return 100% of your security deposit.

Florida in a nutshell - 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.

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.

Go to court? You might be asking yourself if it's worth your time and money to take your landlord to court to get your security deposit back.
Foreclosed or bankruptcy is not a problem at all. It makes no difference if the property has been foreclosed or even if your landlord is bankrupt. Your funds, YOUR security deposit is protected and YOU CAN GET IT BACK!

In most states. if a landlord does not send an itemized statement and deposit balance to the tenant within 30 days of the date the rental agreement is terminated or the tenant moves out, whichever is later, the landlord forfeits all rights to any of the deposit and to take further legal action against the tenant in a court of a law. It really makes no difference how much damage there is if any. Even if there was $10,000 in damages, the landlord has lost his rights to suit you in court. Most Landlords don't even know this.

Florida Law
83.49 Deposit money or advance rent; duty of landlord and tenant.—
(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord's agent shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord's agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord's violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.
(2) The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution.
(c) Include a copy of the provisions of subsection (3).

Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.
(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.
(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party's right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
(4) The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509; nor do they apply in those instances in which the amount of rent or deposit, or both, is regulated by law or by rules or regulations of a public body, including public housing authorities and federally administered or regulated housing programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended, other than for rent stabilization. With the exception of subsections (3), (5), and (6), this section is not applicable to housing authorities or public housing agencies created pursuant to chapter 421 or other statutes.
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
(6) For the purposes of this part, a renewal of an existing rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered a new security deposit.
(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits.
(8) Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s. 509.261.
(9) In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month's rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.
History.—s. 1, ch. 69-282; s. 3, ch. 70-360; s. 1, ch. 72-19; s. 1, ch. 72-43; s. 5, ch. 73-330; s. 1, ch. 74-93; s. 3, ch. 74-146; ss. 1, 2, ch. 75-133; s. 1, ch. 76-15; s. 1, ch. 77-445; s. 20, ch. 79-400; s. 21, ch. 82-66; s. 5, ch. 83-151; s. 13, ch. 83-217; s. 3, ch. 87-195; s. 1, ch. 87-369; s. 3, ch. 88-379; s. 2, ch. 93-255; s. 5, ch. 94-218; s. 1372, ch. 95-147; s. 1, ch. 96-146; s. 1, ch. 2001-179; s. 53, ch. 2003-164.
Note.—Former s. 83.261.


What about when a tenant moves out? What is the deadline in Florida for returning a security deposit?

Under Florida law, a landlord must return the tenant's security deposit within 15 to 60 days after the tenant has surrendered the rental property to the landlord (that is, returned the keys and vacated the property), depending on whether the tenant disputes any deductions taken out of the security deposit. Florida landlords must provide tenants advance notice of any deductions from the deposit.

More here:
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Get Your Security Deposit Back | Nolo.com
 
Army Judge,

The money in question was for a rental after the fire not for the dwelling that had the fire. It was the deposit paid by the temp. housing company and I am assuming that it was returned to them by the landlord as he told me the house met the requirement for the money to be returned.

The insurance company is trying to deduct this money from my Coverage C payment. My thought is that this is an Coverage D item and they should not deduct it from my Coverage C payment. Plus it is not money that I received.
 
adjusterjack said:
You're right. The security deposit paid for temporary housing has nothing to do with Coverage C - personal property.

Let me try another example:

Coverage C limit - $50,000.
Personal property loss - $60,000
Adjuster says: You've exceeded the limit so we'll pay the $50,000 limit less $3700 that we already paid you so your net payment for personal property is $46,300.

Is that what is happening (different numbers, of course)?
Click to expand...

Adjusterjack, Then why would they try to deduct from coverage C payment ?
 
Diane said:
Army Judge,

The money in question was for a rental after the fire not for the dwelling that had the fire. It was the deposit paid by the temp. housing company and I am assuming that it was returned to them by the landlord as he told me the house met the requirement for the money to be returned.

The insurance company is trying to deduct this money from my Coverage C payment. My thought is that this is an Coverage D item and they should not deduct it from my Coverage C payment. Plus it is not money that I received.
Click to expand...

Okay, then you might wish to review the information posted by this website:
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Survivors Speak: Additional Living Expense (ALE)/Loss of Use
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I found the site to be quite helpful in the past.
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Here are a few more such sites:
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Will my home insurance cover a hotel room and other 'additional living expenses'?
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