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trainaholic · Feb 23, 2009, 10:28 AM

Hi,

I signed a lease on house in November of last year.
The owner called me on Jan 22 to let me know that he can't pay the mortgage anymore and if I could allow his agent to come and to let people come see the house, I did.
He also stated that I will have to leave by the end of February, he's in trouble and must sell it or the bank will take it.

I immediately started looking for a new place and rented one beginning of February, the wife is pregnant and I can't deal with moving later. I called and told the owner that his house will be empty by the end of the month of January, and he needs to meet me to return the deposit. We agreed, even though he didn't like it one bit.

Beginning of February came and I called him consistently asking for the deposit, he gave me an excuse every time. Until yesterday, I called a few times with no answer, the once he answered, he said "wrong number" I know its him, he's got a heavy accent. I left him a few messages.

I have been reading and researching, and any help would be appreciated.
I came to the conclusion that I need to place a lien on his house, he owns another house up north and he is currently renting one here in Florida.

Please do let me know what I need to do.
I only know his name, phone number, bank account info( I have deposited the rent and the security deposit directly to his account)
I got an address for the house he owns up north from his agent but I'm not sure if its right.

Many thanks

trainaholic · Feb 23, 2009, 10:34 AM

Also, I have never sued anyone before nor placed a lien on anybody before, complete newbie to this.
Thanks

LisaB4657 · Feb 23, 2009, 11:09 AM

You can't place a lien on his house. You have to file a lawsuit for the return of your security deposit. Once you obtain a judgment, that judgment will act as a lien on any property he owns in that state.

trainaholic · Feb 23, 2009, 11:12 AM

Will the owner be obligated to pay for the court fees when the judgment is made in favor.

Small claims court? No need for a lawyer, right?

The deposit amount is $1000

Thanks

LisaB4657 · Feb 23, 2009, 11:14 AM

Yes and yes. :)

ScottGem · Feb 23, 2009, 11:33 AM

Also check Florida law on return of a deposit. The landlord has a certain number of days to return the deposit after you turn over the keys. Since you did this at the end of January, the deadline may not have expired yet. Once it does, there may be penalties assessed against him.

On a separate note, you did not have to move. Presumably your lease was until Nov of this year. If the LL sold the property, the new owners would have had to honor the lease. If the bank foreclosed, you would have had sufficient notice to move.

trainaholic · Feb 23, 2009, 11:38 AM

The thing is I did not return the keys, I only know the city he lives in and its at least 3 hours from here. I have been waiting for him.

ScottGem · Feb 23, 2009, 01:58 PM

But you did otherwise inform him that you vacated. Why did you not overnight him the keys?

trainaholic · Feb 23, 2009, 02:01 PM

I don't have his address. I have been researching and I think his agent knows it, I might be able to get it form him.
Should I overnight him the keys now and make him sign for the package.

trainaholic · Feb 23, 2009, 02:12 PM

Some suggested to me to "sue quickly, then go to the bank with the judgement to get the cash. Don't bother with the house unless the account has been closed out already"
What do you think?
Thanks

ScottGem · Feb 23, 2009, 02:39 PM

If he has an agent you should have turned the keys over to that person.

I agree to sue as soon as you can, but the problem is you can't sue until he is past the deadline.

trainaholic · Feb 23, 2009, 02:51 PM

We didn't sign though that agent, he is only selling the house for him.
The deadline starts after I send him the keys. Right? How long?

ScottGem · Feb 23, 2009, 02:54 PM

I'm not sure. If you provided written notice that you were vacating as of 1/31, that may have started the clock.

dontbemad · Feb 27, 2009, 08:38 AM

I am in your very shoes right now, court date for 3/18/08 to get my 5k deposit back. I suggest you follow this link, I am not an attorney but this link provides you with the law regarding your deposit.
http://www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0083/SEC49.HTM&Title=->2001->Ch0083->Section%2049

From what you explained this will be a slam dunk for you to win, but collecting is another story. File a small claims case immeadiately, you will be reimbursed the costs, locte hime via tax records, dmv it is pretty easy today. The court will have the sheriffs serve him.

This happening often now.

GOOD LUCK