Legal Question in Real Estate Law in Florida
Condominium Conversion Return of Deposit
Six months before my lease expired I, along with the other tennants in my apartment complex, were informed that we were ''going condo''. I chose to move out, rather than purchase my unit. One and a half months before I was due to move, I was informed that my unit had been purchased and I was to forward my rent check to the current owner (the person who had purchased the unit). I did as instructed sending it with a return receipt requested/certified mail for proof of delivery. I returned my key and was told that the new owner of the unit got my deposit at her closing. Therefore, she would be responsible for returning it. Is this correct in the state of Florida or am I just getting the run around? I sent her a letter informing her that I had not received my deposit, nor have I had any contact with her. I sent this letter return receipt/certified mail as well. Who is responsible for returing my deposit and if they don't what recourse do I have? Can I take them to small claims court and ask for filing fees, etc. Thanks so much in advance for your advice! :)
2 Answers from Attorneys
Re: Condominium Conversion Return of Deposit
The new owner is responsible , if she recieved it.
Re: Condominium Conversion Return of Deposit
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
If the lease and deposit was assigned to a new owner, then the new owner is responsible to reimburse you for your deposit if you did not default under the lease. If the owner fails to reimburse you, you will need to file a claim in the county court. Under Chapter 83 of the Florida Statutes, you are entitled to attorneys fees and court costs if you are the prevailing party.
Scott R. Jay, Esq.
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