Legal Question in Landlord & Tenant Law in Florida

Short Story-

I paid $500 to move in to a rental in which i was not able to due to a legal battle between the new owner and the HOA. After multiple attempts and being used as a tester to see if moving in would fly well after the leased movie in date i finally just asked for my monies returned to me, very politely. after failed meetings on the companies behalf i finally got them to send the agent who handed me a $500 check from the company/owner and had me sign a release. I went to cash it the next day in banking hours on my lunch break only to be told that a stop payment has been placed on the check. My phone calls have been ignored ever since. I attempted to file a police report but after weeks of stress trying to contact the officer i havent heard a thing and the case number he gave me does not exist. I cant let them get away with this what can i do?

Detailed Story:

I am not sure what i should do, i have limited funds but i do not want these people getting away with this. I followed a for rent sign to a duplex community in fort pierce florida to find a too good to be true move in cost of first months rent. i paid the $500 and signed the lease February 28th, 2010. the rental manager claimed that his company buys home in foreclosure and rents them out. makes since, well a few days later we went to start cleaning the place to find that the lock had been changed and a trespassing sign was in the window from the HOA.

Come to find out the HOA and the new owners were in a legal battle and the HOA wasnt allowing anyone to be on the property unless approved through their application and leased through their leasing office. The initial employee of the management company repeatedly and daily kept me informed stating that they had won in court or that they are waiting to hear from the attorneys and such. After being asked to do so i even returned to the property after being told i could move in yet again and i even had to wait an hour and a half for the locksmith to change the locks and paid him $20 as a favor to this guy which he promised to return. well after a full day of cleaning a horribly disgusting apartment and money on the supplies of course only to return the next day to have the police called by the HOA and this wasnt the last occurrence. After all of the stress and time i politely asked the owner if i can just receive the money back and that they call me when things got settled considering the friendly relationship i built. After being stood up and not receiving a response a few days later i told the landlord that i would have to result to contacting an attorney if i didnt receive my money, requesting that legal action not need to be taken. He sent the same agent who had me sign a paper stating that i received payment and handed me a check from the company for $500 only for me to not be able to cash it because the bank said there has been a stop payment placed on it. And every phone call has been ignored since.

I attempted to file a report with the police where i had a wonderful officer who seemed very concerned and stated that he had to run to another call and would phone me later that day. two weeks later no response the case number pulled nothing i left him a voice mail and a clerk sent him a email, i even over heard him telling dispatch that he would call me the next day but three weeks later nothing. I feel like i am being taken advantage of because i am a young poor woman, and $500 may not be much for some, but thats a months rent, more then i make in 70 hours of work time. Its really hurting me. I just dont know what to do.


Asked on 4/05/10, 1:02 pm

1 Answer from Attorneys

Lesly Longa Longa Law P.A.

You can sue them in small claims for the bad check. Be sure to ask for your court costs and filing fees. Keep anything you have in writing and bank records/returned check as evidence for court. Regards,

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Answered on 4/13/10, 8:43 am


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