[runswithscissors]

Read the statute on landlord tenant it explains your rights. They have to give you a list of things they're deducting for.

Did you take any pictures or do you have a witness?

If he's in England, great.

File in small claims court they will tell you how at the clerk's office. Then when he doesn't show up to defend himself you'll get the verdict most likely.

Also while you're at small claims or check online the county clerk's site.

Look him up for previous actions. You may find a pattern of landlord tenant issues and judgments/liens.

I found my scammer that way, he had been in court over 140 times on landlord tenant scams. He even signed someone's name to a lease.

If you get a verdict you have to take your judgment and file a lien not just wait around. It's first come first serve.

[cfIfan]

If you have a written lease pertaining to the property in Florida then it is enforceable in Florida. Did you use a realtor or management company or did you sign the lease directly with him?

Originally Posted by RUBIES77

Yes, I do have a written lease, but he is in England, and I am in NYC.

[RUBIES77]

Originally Posted by cfIfan

If you have a written lease pertaining to the property in Florida then it is enforceable in Florida. Did you use a realtor or management company or did you sign the lease directly with him?

No, the lease was signed with the owner of the house at that time, and the new owner acknowledge it. via e-mail to us, and send us the code to the lock of the house. We communicated over the Internet a multitude of times, since he lives in England, but also owns a Vacation Management Company, in the Orlando area, where he also lists his own house and others, plus employs cleaning people.

The first owner was a lawyer, and she told me that everytime a house is sold in Florida, the new owner acknowledges new tenants through the same contract, and that there was no need to go into a new one, so I believe them.

[dmccauley]

Originally Posted by RUBIES77

No, the lease was signed with the owner of the house at that time, and the new owner acknowledge it. via e-mail to us, and send us the code to the lock of the house. We communicated over the Internet a multitude of times, since he lives in England, but also owns a Vacation Management Company, in the Orlando area, where he also lists his own house and others, plus employs cleaning people.

The first owner was a lawyer, and she told me that everytime a house is sold in Florida, the new owner acknowledges new tenants through the same contract, and that there was no need to go into a new one, so I believe them.

I am curious where in Davenport did you rent. I rented there last summer as well.

[thebeancop]

have you had any good answers I just joined and cant seem to see them but I recently got scammed the same way in Kissimmee but in my case I have great proof. I videotaped us cleaning and leaving the house. I dont know who to call because they wont give me my deposit back because they state that we left the house a mess.

[Mike1306]

Originally Posted by thebeancop

have you had any good answers I just joined and cant seem to see them but I recently got scammed the same way in Kissimmee but in my case I have great proof. I videotaped us cleaning and leaving the house. I dont know who to call because they wont give me my deposit back because they state that we left the house a mess.

Section 83.49, F. S.
A landlord has the discretion to collect various deposits as well as some rent in advance. These advance payments generally vary in range. You should be careful about making any deposit unless a definite decision has been made to move into the unit. A tenant who puts down a deposit but then decides not to occupy the unit, MAY NOT be entitled to a refund. If a deposit is non-refundable it should be stated in the rental agreement.

A damage deposit is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc. and give a copy to the landlord. Keep a copy for your files, which may help eliminate or minimize disputes later.

When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Section 83.49, 3(b)(c), F. S.
Unless you object 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 you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit.

[nwc07]

Check here Florida Attorney General - Active public consumer-related investigations to see if there is already an investigation.

If not, open up a complaint with the Florida Attorney General.
Florida Attorney General - Consumer Complaint Form

[mvoight]

Originally Posted by RUBIES77

Yes, I do have a written lease, but he is in England, and I am in NYC.

Contact the FL Attorney General's office and any local agency having jurisdiction.... You could file in small claims court in FL, but that might be difficult as you are in NY.

[specialkm]

Hi, Rubies77, I was wondering what happened with this. We rented a home in Davenport, FL. The owners live in the UK. It's been over 6 weeks, and we haven't received our security deposit even after numerous emails. We sent them a letter right after we departed asking when we might receive our deposit. And they stated that they are waiting for departure letter from management company and claiming damage to fridge and going to charge for trips to house. My family and I are ready to take them to small claims court.

[FloridaKash]

I highly recommend people that do vacation rentals make the deposit using your CC. Furthermore, if you are renting a house in Davenport and the owner is in the UK... RUN!