Landlord tenant dispute... over security deposit.. need some advise!!

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astronut

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Ok, I'll try to make this as short as possible while still giving all the details..

I lived at my old apartment complex for 4 1/2 years. When I first moved in, because my credit was bad, I had to pay the security deposit ($200) plus a last months rent ($635) a total of $835. Over the course of my time there, my rent was increased to $805 a month. Also, during that time, the place changed ownership 3 times.
I tried to move out at the 3 year mark, but I was told that my last months rent was written as "an additional security deposit", So I had to come up with even more money to move..
I finally moved out July 1st 2009, and as of September 6th (today) I still haven't received my security deposit back.. And I'm being told by the new "owners" (I'll explain the quotations) that I won't be getting it back. Mind you, I left the place in good condition--even have the video to prove it.
So come to find out, when the ownership changed hands the last time, the old owner closed out the account that held all of the security monies.. the new owners are telling me to hunt HIM down to get my money.. (why aren't THEY hunting him down I wonder)

So now the new owners are claiming they don't OWN the place, that they are just (in receivership) of this place... Not really certain what that means.. and I have called them on the phone several times I asked them well how can you acknowledge that I have a lease with your place, but not acknowledge the TERMS of that lease.. didn't get much of an answer.. I told them if they aren't going to acknowledge the terms of the lease, that they need to give me my last months rent back ($805)
They keep stalling, and I think I know why.. it seems (according to them) that in October the bank is going to assume to ownership of the place.. that was my understaning any way.. so after October, I'll no longer be there problem.. Of course then I'll have an even BIGGER problem getting my money..

I'm at wits end, and I only see a couple options:
1) get a real estate attorney
2) contact the local newstations
3) go door to door to everyone in the old apartment complex and explain the problem.. after all.. we all had to pay a security deposit.

I'm leaning towards getting an attorney because it is not my intention to cause any bad publicity for the management company, I just want my money back..
According to Florida law, they have 30 days to state in writing how my security deposit is being used otherwise they lose claim to that money. I have not received anything from them, and when I asked that they give me, in writing , an explanation of why they are refusing to return my deposit, they flat out refused and stated that my attorney can call her and get her attorney information and to let the attorneys handle the case. she of course refuses to give me her attorney name, and will only give it to my lawyer.. (which I haven't got yet...)
Also, since it looks like I am going to have to get an attorney for this, can I hold the managment company responsible for attorney costs and court fees? I honestly don't know that I can afford an attorney out of pocket..

But because I'm not certain how this legal stuff works.. I'm hoping some of you might have some insight.... HELP!! please..

Thank you in advance,
Steve
 
Very confusing! Sounds like no one wants to admit that they own the place. What SHOULD have happened is that the previous owners released the security deposits to the new owners (unfortunately this is an issue that is often overlooked).

Seems to me that the simplest route for you is to file a lawsuit against both the old AND new owners and let the judge decide who owes what to you. Such lawsuits are typically filed in Small Claims (Florida allows claims up to $5000 to be heard in this court), does not require that you hire an attorney and the cost of filing is minimal.

This business of "your attorney talk to our attorney" is often used to stall someone with a complaint because, of course, most of us don't keep attorneys on retainer. Filing in Small Claims (where you would represent yourself) is a way of handling cases involving relatively small amounts of money that might otherwise be dropped because the cost of an attorney might exceed the cost of the actual lawsuit.

I suspect that receiving a summons might "loosen" the pockets of the old and new owners.

Gail
 
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