Whom to summon when suing in Florida small claims court (landlord/tenant)?

[GWE8]

Jurisdiction

Florida

The landlord made claims against the security deposit which are greatly exaggerated and amount to several thousand dollars. We have a lot of evidence in terms of photographs, videos, etc, and feel good about taking our case to small claims.

We know accuracy when filling out process papers is of paramount importance. We don't know whom to list as the defendant. Here's why:

1) The lease only lists the property management company as the LESSOR followed by the words "as agents for the property owners". Nowhere on the lease is the property owners' names listed.

2) When looking up the address of the property on the county's property appraiser website, the property owner is listed as a limited liability company (i.e. ______ Home Rentals LLC). Furthermore, a local Florida address IS provided for the company.

3) However, when looking up this business on Sunbiz,org, Florida's official division of corporations database website, the company is NOT listed.

4) Finally, the company is listed as having its headquarters in another state


We want to make sure our process papers are completed without error so the correct party is identified and served appropriately. We don't want our case dismissed. If anybody has any thoughts given the above, we'd appreciate the insight. Thanks.

 

[Zigner]

This is a duplicate thread. Original thread is at Whom to list as defendant in small claims?

Please don't start multiple threads about the same matter.

 

[GWE8]

Tenant received notice the landlord made claims against the tenant's security deposit. Along with this notice was a check from the property manager for several thousand dollars covering the non-disputed portion of the security deposit plus the last month's rent deposit (tenant had already paid the last month's rent).

Tenant responded with notice they disputed landlord's claims against the security deposit. Tenant did not immediately cash check and efforts were made to resolve the dispute. Efforts were unsuccessful.

Tenant then received notice from the property manager that a STOP ORDER was placed on the check. When asked why, the property manager indicated the dispute will need to be resolved in court and thus stopped the check "until the judge tells me what to do with it".

Again, the stopped check was for the non-disputed portion of the security deposit plus the return of the deposit for the last month's rent (which had already been paid by the tenant). Since these are funds not in dispute, is the tenant entitled to a prompt return of this money? Or is the property manager exercising a legal right to withhold this money from the tenant?

 

[Zigner]

AGAIN, please don't start multiple threads about the same matter.

 

[adjusterjack]

The thread referred to by Zigner has been deleted. But there is another thread on this topic that I have also deleted.

GWE8, please keep all your discussion of this topic to this thread.

 

[GWE8]

The thread referred to by Zigner has been deleted. But there is another thread on this topic that I have also deleted.

GWE8, please keep all your discussion of this topic to this thread.

Will do. First time using this website and thought I'd post in in a couple different forums thinking I'd reach different people is all. Now that I know this is frowned upon I'll refrain from doing so in the future.

 

[Zigner]

Will do. First time using this website and thought I'd post in in a couple different forums thinking I'd reach different people is all. Now that I know this is frowned upon I'll refrain from doing so in the future.

All of the advisers see new posts in any forum. Thank you.

 

[welkin]

The landlord made claims against the security deposit which are greatly exaggerated and amount to several thousand dollars. We have a lot of evidence in terms of photographs, videos, etc, and feel good about taking our case to small claims.

We know accuracy when filling out process papers is of paramount importance. We don't know whom to list as the defendant. Here's why:

1) The lease only lists the property management company as the LESSOR followed by the words "as agents for the property owners". Nowhere on the lease is the property owners' names listed.

2) When looking up the address of the property on the county's property appraiser website, the property owner is listed as a limited liability company (i.e. ______ Home Rentals LLC). Furthermore, a local Florida address IS provided for the company.

3) However, when looking up this business on Sunbiz,org, Florida's official division of corporations database website, the company is NOT listed.

4) Finally, the company is listed as having its headquarters in another state


We want to make sure our process papers are completed without error so the correct party is identified and served appropriately. We don't want our case dismissed. If anybody has any thoughts given the above, we'd appreciate the insight. Thanks.

For service you list the management company and the X Home Rentals LLC as defendants. The address of the management company I assume you know. The LLC listed address is probably the agent for service or the owner. The LLC may not be a FL LLC.

Either way, you use the information you have.

 

[GWE8]

Property manager is holding security deposit (several thousand dollars) in escrow. Landlord makes claims against a large portion of security deposit upon tenant moving out. Tenant disputes the claims. Property manager continues to hold funds in escrow pending resolution, however, no resolution is reached.

Tenant is in process of filing small claims case but hasn't yet. Meanwhile, the property manager notifies tenant that they are going to close it out and issue payments (meaning payment to the landlord for his claims and payment to the tenant for the undisputed portion of the security deposit).

Questions: Can the property manager issue these payments from escrow if the dispute has not been resolved? Or does the security deposit need to continue to be held in escrow by the property manager? Is there a time limit for the funds to be held in escrow by the property manager?

 

[Zigner]

Yes, the property manager can do this. If the tenant has a problem with it, then they will need to negotiate a settlement with the Landlord/owner. If that isn't successful, then small claims court will be the next step.

 

[adjusterjack]

Tenant is in process of filing small claims case but hasn't yet.

There is no "in the process of." The tenant has either filed suit or not filed suit.

 

[Zigner]

There is no "in the process of." The tenant has either filed suit or not filed suit.

Unless he's actually at the counter at this very moment speaking with the clerk

 

[adjusterjack]

Nope. Speaking with the clerk is not the filing of a lawsuit.

A lawsuit is "filed" when something like this gets stamped on the papers.