Legal Question in Real Estate Law in Florida
Put a $750.00 deposit on a vacation rental for June 2014 & contract states I can get my full deposit back if I need to cancel as long as I send written notice within 60 days of rental, I emailed January 15 & property manager emailed back that he would send complete refund immediately but never received it so I sent written cancellation via certified return receipt & just got the letter returned by USPS as unclaimed and unable to forward. I live in Florida & the vacation rental is in Murphy, NC, can I file small claims suit in my city in Florida or do I have to file in North Carolina? Is small claims court best way to go? Is there anything else I can do? We had a terrible family tragedy & really need the money returned but don't have a lot of money to hire a lawyer & is it even worth it for $750.00. We just need the money back
2 Answers from Attorneys
Your contract with the property controls the venue and choice of court. You really need to have it reviewed by an attorney. Mr. Slater is likely correct and your claim would be in NC. You may want to start with a lawyer's letter, although that would mean you have to spend more money to try and get the $750.
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