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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 21225
Experience:  13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
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I am a Key Largo, Florida resident. I was living in a home

Customer Question

I am a Key Largo, Florida resident. I was living in a home for just over 2 years.

In the beginning my landlord wanted me to sign a long term
Lease (3 years) which I drew up. He would never sign it and instead
Said I could trust him. I paid first, last, security deposite ($900 each $2700 total) in cash and he signed the receipt. My landlord then proceeded to live on the property, usually sleeping in his truck in the driveway. After 8 months I asked him politely when he planned to find his own place to live an that if he did not leave I would need to find a new place to live. He did find another place to live, still would not sign a lease, and stopped signing the receipts which stated I hade paid rent in cash. So I began paying rent in personal check form. After about 2 1/2 years he stopped depositing my checks. There were 4 months of checks ($3600) uncashed when he told me I could no longer live in the house.

I stopped payment on the $3600 check, removed my security deposit and wrote him a new check for $2700 (minus $900 security) in June of 2012. I also vacated the premises at the end of the month without a stink about having no notice.

He has never deposited the check for $2700. It is now May 2013 (almost 1 year later) and he just contacted me saying I need to pay him $3600 cash to cover the check I wrote him, or he would get a lawyer. I told him if he needed a lawyer to help him deposit a check in his bank account then that was his business. He said he was advised not to accept partial payment and not to deposit the check. I told him he has been paid in full.

I really dont know what to do about this situation.

I should add the man drinks heavily and is mentally not all there. He suffered a stroke a fee years back.

Any advice would be helpful.
Submitted: 11 months ago.
Category: Legal
Expert:  Barrister replied 11 months ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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After reading your comments, I don't see where you have done anything wrong from a legal perspective. If he has retained your security deposit, then you would only owe the $2700 you have tendered.
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He may be so mentally confused as to not understand the math of the situation. I would suggest sending him a simple letter explaining you owe him $3600 for rent. He owes you $900 for a refund of your deposit since he has not sent a written notice intending to claim any part of it as required under FL law. The $900 he owes you for deposit plus the $2700 you have tendered equals the $3600 that you owe him.
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After that I would send it certified mail so you have a record of it and then just make sure that the $2700 is always in that account if and when he decides to cash the check.
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But I don't see him having a chance of winning if he decides to file suit.

.

.

Thanks.

Barrister

.

.

Please remember to rate my service. If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

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I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Attorney
Category: Legal
Satisfied Customers: 21225
Experience: 13 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 24+ yrs
Barrister and 18 other Legal Specialists are ready to help you
Customer: replied 11 months ago.
Thank you very much. I will construct a letter with the full math breakdown of what was owed and paid as you suggested.

Thank you again.
Expert:  Barrister replied 11 months ago.

You are very welcome.

.

Thanks so much for the positive rating, it is very much appreciated!

.

It was my pleasure to work with you today and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help.

.

Barrister

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