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Luna
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Posted: Sun Oct 5th, 2008 09:21 pm |
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Update:
Since I last posted i have sent this slumlord a certified letter out lining my dicissions and abiding by the law. He has yet to sign for the certified letter as I requested a reciept for the letter once it's signed for.
I just went on Friday and placed a lien against this properity I was to rent and will go on Monday and place another lien against another properity I found he owns here in okeechobee as well. He can not sell either home which his add states " option to buy" unless the lien is paid.
My next step is small claims court and intend to follow through with this matter. I don't think this guy thought I was going to go through with my threats and perhaps he's pulled this with others and they just chalked it up to a loss where as I am fighting for my rights.
I'll keep you updated as this moves along.
Last edited on Sun Oct 5th, 2008 09:22 pm by Luna
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carli
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Posted: Wed Oct 1st, 2008 06:37 pm |
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| Thanks for the information, it becomes very complicated...
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Ciphered
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Posted: Wed Oct 1st, 2008 06:16 pm |
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1GR8L8Y wrote: carli wrote: Therefore are you saying you need to have a damage deposit and a cleaning deposit separate?
Absolutely!!!! And it is legal to charge for a damage deposit as well as a cleaning deposit. If you only charge a cleaning deposit and the person moves out without cleaning the rental, you can keep their deposit as long as you have receipts for your cleaning. If the rental is damaged along with lack of cleanliness, and you do not have a damage deposit, you can only recover for the cleaning. In order to recover for the damages, you have to take that person to civil court and even then you may not win. You can charge a 1500.00 deposit and state half for cleaning and half for damages upon return of keys. You may also want to put these deposits into an interest bearing acct.
I don't agree with this comment. You should read Florida statute 84.49, which I just looked up. You can charge a rent deposit or advance rent and a security deposit for monetary damages for violating the rental agreement, but cleaning would be included in the security deposit. If the renter leaves the place dirty or damaged, you can deduct your expenses from the security deposit. But you have to return the deposit within 15 days or give the renter notice by certified mail within 30 days saying that you are going to keep part of the deposit and why. If you don't give the notice, you forfeit the right to keep the deposit. If the renter sues you to get the deposit back, you could be ordered to pay their attorneys fees.
If you put the deposit in an interest-bearing account, the interest goes to the renter if he gets the deposit back.
You can put a non-refundable cleaning fee in the lease.
Last edited on Wed Oct 1st, 2008 06:20 pm by Ciphered
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carli
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Posted: Wed Oct 1st, 2008 06:00 pm |
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| I only get a security deposit, time to review my lease and update it!
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1GR8L8Y
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Posted: Wed Oct 1st, 2008 05:49 pm |
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carli wrote: Therefore are you saying you need to have a damage deposit and a cleaning deposit separate?
Absolutely!!!! And it is legal to charge for a damage deposit as well as a cleaning deposit. If you only charge a cleaning deposit and the person moves out without cleaning the rental, you can keep their deposit as long as you have receipts for your cleaning. If the rental is damaged along with lack of cleanliness, and you do not have a damage deposit, you can only recover for the cleaning. In order to recover for the damages, you have to take that person to civil court and even then you may not win. You can charge a 1500.00 deposit and state half for cleaning and half for damages upon return of keys. You may also want to put these deposits into an interest bearing acct.
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carli
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Posted: Tue Sep 30th, 2008 04:03 pm |
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| Therefore are you saying you need to have a damage deposit and a cleaning deposit separate?
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1GR8L8Y
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Posted: Tue Sep 30th, 2008 03:58 pm |
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Ciphered wrote: 1GR8L8Y wrote: I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. ... I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. ... This isn't exactly true. You should read Florida statute 83.53. I used to be a landlord - never again - and know that you can get in trouble if you don't follow the law, especially the law about keeping deposits.
correct. The law has to do with the difference between damage deposits and cleaning deposits. Cleaning deposits may not be used for damages done to the rental. Same as damage deposits may not be used as a cleaning deposit.
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Ciphered
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Posted: Mon Sep 29th, 2008 06:53 pm |
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1GR8L8Y wrote: I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. ... I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. ... This isn't exactly true. You should read Florida statute 83.53. I used to be a landlord - never again - and know that you can get in trouble if you don't follow the law, especially the law about keeping deposits.
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1GR8L8Y
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Posted: Mon Sep 29th, 2008 05:44 pm |
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designdiva wrote: Themotgus wrote: 1GR8L8Y wrote: Thank you for that reminder Southern Diva. I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. I had to make my mother do that to get the last people out. I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. She gave mom her notice and left. She did not get any refunds either.
At least we know you are "one great lay".
The Mot Gus wonders how people can be so nonsensical.
The Mot Gus©™ is the 3rd Person!
The Mot Gus.........where do get that her screen name says ONE GREAT LAY.... I see it as ONEGREATLADY............ Diva 
That person nor the 3rd person will NEVER know whether I am or not. Maybe he needs to go back to respect school like a lot of the others who use their lack of knowledge and wisdom.
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designdiva
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Posted: Mon Sep 29th, 2008 04:12 pm |
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Themotgus wrote: 1GR8L8Y wrote: Thank you for that reminder Southern Diva. I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. I had to make my mother do that to get the last people out. I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. She gave mom her notice and left. She did not get any refunds either.
At least we know you are "one great lay".
The Mot Gus wonders how people can be so nonsensical.
The Mot Gus©™ is the 3rd Person!
The Mot Gus.........where do get that her screen name says ONE GREAT LAY.... I see it as ONEGREATLADY............ Diva
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Themotgus
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Posted: Mon Sep 29th, 2008 02:43 pm |
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1GR8L8Y wrote: Thank you for that reminder Southern Diva. I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. I had to make my mother do that to get the last people out. I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. She gave mom her notice and left. She did not get any refunds either.
At least we know you are "one great lay".
The Mot Gus wonders how people can be so nonsensical.
The Mot Gus©™ is the 3rd Person!
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1GR8L8Y
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Posted: Mon Sep 29th, 2008 11:15 am |
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| Thank you for that reminder Southern Diva. I believe it is a 24 hour notice either verbal or written. Some landlords don't want to "intrude" on their tenant's private lives. I had to make my mother do that to get the last people out. I inspected it myself and told the tenant she was going to have to move so we could repair her damages and don't expect any refunds. She gave mom her notice and left. She did not get any refunds either.
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Southern Diva
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Posted: Mon Sep 29th, 2008 01:13 am |
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1GR8L8Y wrote: My mother owns 2 rentals on the same ten acres that she also lives on. The last renters lived in one of the homes for over 15 years. The problem being is that some renters don't even tell the owner that the home has aproblem. When they moved out, we spent over 10,000.00 to replace flooring, walls, cabinets, etc. It took us 8 weeks as a family to do the repairs that would not have been necessary had the tenant came to us and said we need these repairs done. The home is now rented again, I took my little trusty digital camera down there and took before and after pics. Now, if there are any damages, we have a leg to stand on. I am glad that you took the advice and checked out the Florida landlord/tenant laws. That is a must in any rental situation. Good luck. You are also allowed to inspect the property with a reasonable amount of notice....
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1GR8L8Y
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Posted: Sun Sep 28th, 2008 02:19 pm |
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| My mother owns 2 rentals on the same ten acres that she also lives on. The last renters lived in one of the homes for over 15 years. The problem being is that some renters don't even tell the owner that the home has aproblem. When they moved out, we spent over 10,000.00 to replace flooring, walls, cabinets, etc. It took us 8 weeks as a family to do the repairs that would not have been necessary had the tenant came to us and said we need these repairs done. The home is now rented again, I took my little trusty digital camera down there and took before and after pics. Now, if there are any damages, we have a leg to stand on. I am glad that you took the advice and checked out the Florida landlord/tenant laws. That is a must in any rental situation. Good luck.
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Luna
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Posted: Fri Sep 26th, 2008 06:17 am |
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| Thank you and I hope your tenants take good care of your house.I realize no house is perect even new homes have a few glitches. I'm just trying to recoop my 1300.00 from the guy off 5th street.He has until the 29th to have the money to me or in my bank account of I'm filing against him and we'll let the judge decide. I hate the drama with all this but I need that money and it reightfully didn't belong to him since we only spent a few hours in the home. Even the electric company is taking off the 32.00 they charged me due to us not living in the home. The water is refunding our money to. I checked with the Florida tenant laws and he could be in a lot of trouble. The house we live in now needs a lot of work but I've decided that I'll just pay the rent and she can worry about the fixing up part. We went out of way before to help with small repairs, bought items for the house and sealed it with fay at our expense to save her house. I'm numb and have had enough. The land lady here said if you fix stuff I'll take it off the rent. I'd rather just pay the rent and leave the sweat equity to some one else. if I owned the house it would be different but I don't. I really hope with your house these people are good folks that respect others properties and will take good care of the house. I know how piggish some tenants can be, I guess they think it's not theirs so they don't care and leave it a pig sty.
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carli
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Posted: Thu Sep 25th, 2008 01:35 pm |
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| You are right, sometimes you have to chalk it up as a learning experience and move on. I just rented my property, they are moving in Monday. I am going up this weekend, we started remodeling the bathroom and I have to finish it by Monday. The property will be available in April 09! It has a huge yard not fenced in though. Good luck, I hope you recoop some of your expenses. Remember, what goes around comes around!
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Luna
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Posted: Wed Sep 24th, 2008 11:40 pm |
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| Thank you. I hope you have great tenants in your homes now and they will respect and take care of it as they have to live there. I really liked where we were living and had just moved into the house May 19th but fay came along and caused what I'd consider " minor " damages and we were told her had to leave the property and were given from August 19 to Sept 5 to get out because we were told the house was going to be condemn and we believed her not knowing the law. To this day there is no condemn sticker on the house just a no trespassing sign. I think it was more that she wanted us out when her insurance man came because she didn't want us talking to him and needed us out immediately. That has caused severe hardships on us moving from place to place in a short time so in 9 days we've moved 3 times and I am pooped and upset. I need to recoup my losses and move on and chalk this up to a learning experience. The house we moved into is ok but hardly no yard for the boys( dogs to exercise in but at least we have no rats.
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carli
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Posted: Wed Sep 24th, 2008 10:38 pm |
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| It's good that you follow-up and hopefully with your letter, he will refund your money. I wish I had you as a tenant!
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Luna
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Posted: Wed Sep 24th, 2008 10:32 pm |
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| I like it when a landlady/ lord takes care of their property. It's there house but when renting it's the tenants home. That's to bad you had to get people in that just don't take care or appreciate any one else's property or possessions. As a renter I feel a personal responsibility to take care of the home in which I live and rent. I've bought small items such as chalk, foam sprays and light bulbs for the home in which I rent and do my own maintenance most times if i can. I respect the home in which is rented to me because i was entrusted with that care and so it is to me a privilege to been chosen often times to live in that home. With the rats and pest problems that man took advantage of me when I was down and in need of a home to rent asap as my back was up against the wall. I have now sent him a certified letter out lining my conditions to receive my full deposit back or we go to court. I think there are a lot of good people out here that rent homes and will take care of them but this man isn't one of them sadly.
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carli
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Posted: Wed Sep 24th, 2008 04:32 pm |
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| WOW I wish you luck! I have two rental properties in Okeechobee out by 15B, just rented one of them the other is rented. I take much pride in keeping my houses clean and well maintained. My problem has been with tenants not taking care of the property or leaving without paying.
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Luna
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Posted: Sun Sep 21st, 2008 09:33 pm |
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| I'll call them tomorrow. The neighbor man said he was also calling to because the rats are comming over into his property to. I can see why this land lord was only doing month to month with no lease.
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Southern Diva
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Posted: Sat Sep 20th, 2008 12:03 pm |
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| Luna, Be careful what you say until its over, call code enforcement on all those issues as well as the health dept, rats are extremely high in disease, make sure you do not slander this person or they can come back after you,, Hope you get your money back, this is awful they should condemn this house until sanitary
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Luna
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Posted: Sat Sep 20th, 2008 04:43 am |
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| Thanks for the advise. I intend on following through with this and filing suit against the land lord and the care taker as he took my check and wrote out the deposit reciept knowing full well of the rodent problem and infestation of the home. I was told today this same land lord owns 7 homes and they are all run down as well. I;m sure he doesn't stand alone in the slum lord catagory how ever but I need to get my deposit back asap. Last edited on Sat Sep 20th, 2008 04:43 am by Luna
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OkeeArt
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Posted: Fri Sep 19th, 2008 09:45 pm |
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Be sure that you also let code enforcement know of the issues with the house.
They will make him get the issues resolved. (hopefully before he finds someone else to move in) Also stick with going to the county to get your money back.
Okeeart
http://www.okeechobee.com/forum
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Luna
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Posted: Fri Sep 19th, 2008 09:23 pm |
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Thank you. I moved into another house, it needs some work but I don't have rats and roaches here at least. I couldn't believe no one told me about the rats! Yuck. I really need my money back so I can pay my other bills. This slum lord should be ashamed of him self.
Luna
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The Republican
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Posted: Fri Sep 19th, 2008 09:22 pm |
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| Wow, sorry to hear about that... I hope you get your deposit back, its hard enough to find a decent place thats affordable, without all those issues. Hope all works out for you
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Luna
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Posted: Fri Sep 19th, 2008 09:17 pm |
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I recently rented a house on 5th and 14th street behind the post office. I did a quick walk though, it looked ok, gave a LARGE deposit to the " care taker and began moving my things in. The other home I was renting was condemned due to Fay damaging it so I had to find other living arragements fast. On the 1st night, I had large bull ants crawling all over my still boxed items and on the couch, then on me. Next I saw cockroaches on the walls, refrigerator and running across the floor, next came the rats! My cats attacked a rat next to my bedroom door. I packed up my things and left immediately. I called the landlord back demanding my deposit back but have yet to receive it. Now the land lord or slum lord in his case won't answer my calls and lets it just go to voice mail. I am going to the court house Monday morning and file suit against him for my money back. This has been very stressful to me and costly. Why does the county allow these kinds of people to keep duping the public and not disclosing the issues with properties? I want to warn any one and everyone, do not rent this house , trust me you'll regret it as fast as I did. I stayed in the house 2 hours, packed my cats and left. yesterday I went back to get the last remaining things off the porch the care taker put out of the house and he was showing it to family. I asked him if he informed the family about the rat problem , cockroaches and bull ants? he said no mam but the exterminator was here this am. I said I don't believe you one bit. You have to call in an expert to get rid of rats. The neighbor man came over and said he killed 20 rats that came from under the house before I moved in, but was never told about them or if I had known I'd never had moved in. I don't think the other family will take the house and it's a wise decision.
Luna
Last edited on Fri Sep 19th, 2008 09:22 pm by Luna
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