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    samantha_gel's Avatar
    samantha_gel Posts: 4, Reputation: 2
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    #1

    Jul 3, 2012, 10:56 AM
    Landlord selling home gave 3 weeks notice to move HELP!
    excon..

    Been renting and the 1st 4 years we had a lease but last yr we went m2m which was fine. The home we have been renting for 5 years went under sale contract and we were asked to move out with a 3 week notice, which we did this weekend. I haven't been giving my security deposit and the home is set to close next week. The walk through inspection went well and we were not held accountable for anything as it was all normal wear and tear as per the owner and he signed the walk through as to that. How can I make sure I get my deposit back?
    Please advise!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 3, 2012, 10:59 AM
    I notice you addressed this to Excon but he apparently isn't around.

    Where is this? Some States have specific laws.

    Contact the owner and tell him you want your deposit. If he drags his feet, DEMAND your deposit. If it is not returned file in Small Claims Court.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jul 3, 2012, 11:06 AM
    Many states allow 30 days to return security deposits. You need to tell us the state or search 'tenant law your state' online. Many states also provide for double or even triple the amount if it isn't returned within 30 days. However, I've known people who found that to be a hollow and unenforceable law.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 3, 2012, 11:12 AM
    Of course you have already moved, so this is a moot point but you did not have to move in 3 weeks, they would have had to give you at least a 30 day notice, in fact when it went to month to month after that. But the actual terms of the lease as for as notice to move would have been inforcable.

    But all you can do is ask for the money and if he does not pay then you will have to sue in court
    samantha_gel's Avatar
    samantha_gel Posts: 4, Reputation: 2
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    #5

    Jul 3, 2012, 11:15 AM
    I live in Florida.
    And I moved because he was threatening to do an evection if I wasn't out before the closing!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jul 3, 2012, 11:47 AM
    Advice is still the same - ask for the deposit, demand the deposit, go to Court.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #7

    Jul 3, 2012, 11:49 AM
    Here is the Florida Law:

    "

    If the landlord does not intend to impose a claim upon the security deposit, he/she must return your deposit within fifteen (15) days or,
    Within thirty (30) days, he/she must give the tenant written notice of how much of the deposit will be kept and why. This must be done by certified mail, to the tenant's last known mailing address.
    If this notice is not sent as required within the thirty (30) day period, the landlord forfeits his/her right to impose a claim upon the deposit. "
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #8

    Jul 3, 2012, 01:40 PM
    Quote Originally Posted by Fr_Chuck View Post
    Of course you have already moved, so this is a moot point but you did not have to move in 3 weeks, they would have had to give you at least a 30 day notice, in fact when it went to month to month after that. ...
    The post after yours indicates that OP is in Florida. As you probably know, two weeks notice on a month-to-month is all that's required in Florida.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #9

    Jul 3, 2012, 01:55 PM
    Quote Originally Posted by samantha_gel View Post
    I live in Florida.
    And I moved because he was threatening to do an evection if I wasn't out before the closing!!
    Unfortunately for you, only a 2 week notice is required of a periodic, month to month tenant.

    But as noted he has 15 days to return the deposit.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #10

    Jul 3, 2012, 01:59 PM
    Hello samantha:

    I see you met my friends... Cool.

    excon
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #11

    Jul 3, 2012, 02:02 PM
    Quote Originally Posted by excon View Post
    Hello samantha:

    I see you met my friends... Cool.

    excon

    No bigger compliment than to be asked for by name!
    samantha_gel's Avatar
    samantha_gel Posts: 4, Reputation: 2
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    #12

    Jul 3, 2012, 02:16 PM
    Quote Originally Posted by JudyKayTee View Post
    No bigger compliment than to be asked for by name!
    Thank you all for the advice. I am mailing a certified letter demanding my deposit!
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #13

    Jul 3, 2012, 02:42 PM
    Come back and let us know what happens next - ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #14

    Jul 3, 2012, 04:01 PM
    Quote Originally Posted by samantha_gel View Post
    Thank you all for the advice. I am mailing a certified letter demanding my deposit!
    Are the 15 days close to being up?
    samantha_gel's Avatar
    samantha_gel Posts: 4, Reputation: 2
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    #15

    Jul 3, 2012, 06:45 PM
    Quote Originally Posted by ScottGem View Post
    Are the 15 days close to being up?
    no.. Going on day 3, but after we did the walk through he never mentioned giving it back to me. Kept changing the subject. He did sign off on the walk through as being fine. Nothing wrong.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #16

    Jul 3, 2012, 07:04 PM
    Wait until 10 days and don't demand. Cite the law as listed here and remind him that he has until x date to return the deposit. Until he is late you don't want to make demands.

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