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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Landlord-Tenant
Satisfied Customers: 41221
Experience:  Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.
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Loren, My ex landlord sold the apt I am living in to

Customer Question

Hello Loren, My ex landlord sold the apt I am living in to very nice people. They saw it once and bought it. Are keeping me for 6 mos . My deposit was transferred in the closing. I went looking for the security deposit deposit slip and I realized he sent
me another tenants info. His emails stated he was depositing it in a Bank New England acct. The neighbors name was on the acct for there's w BOA. After pushing and pushing he sent me , what he waid was the deposit slip for my security deposit. It was dated
at the appropriate time but was put in a personal savings acct. and it looks like he wrote Franks dep. on it. ( prob when he had to send me the copy. THen he sent a receipt which he said is the receipt to when he closed the acct. But it looks like a separate
acct. The interest is nominal. He's just miserable . And even though I basically sold his place for him at a record 1.3 million dollars he is making my life difficult. I read that if he does not furnish me w proof of interest baring security deposit or co
mingles funds he is on the hook to pay me 3xs that amount? What is the Florida law. And I can send you the copies of deposit , etc. My name is ***** ***** the acct.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 years ago.
If the landlord failed to comply with the FL laws regarding the keeping of a security deposit then they will be barred from using it for any damages at the end of the lease term.
The original landlord is still on the hook for the return of the deposit if they made a mistake in the credit of the deposit when they sold the property.
In any lawsuit over the mishandling of the deposit the prevailing party is entitled to costs and attorney fees. The court also has the discretion to award punitive damages.
I hope this is helpful. If you have any follow up questions feel free to post them. It is never a problem.
Thank you.
Customer: replied 2 years ago.
Perhaps you did not understand my question. I am refering to statute 83.49. Also, he did not send me the requested proof of deposit w in the time the state requires. He sent it after alot of time, begging and calling my bank and ordering cancelled checks, etc., 2 yrs later, he send something that, I believe is 2 separate accts. The interest was 70. cents which I'm not sure is correct, and he is supposed to inform me annually.This has taken up so much of my time. What is he on the hook to pay for this annoyance. He tried to keep a 1000. condo security deposit which I had to also research and deal just so he would return that.I need specifics about the law. Ive attached what he finally sent to me . And he says it is the same acct.
Expert:  Loren replied 2 years ago.
You are entitled to receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on the account, or interest at a rate of 5 percent per years – whichever the landlord selects. [FloridaStatutes, § 83.49] Either way, it is not going to amount to very much money. Seventy cents seems a bit shy, though.You can sue the landlord in small claims court to demand return of the security deposit for not holding it in a segregated account and paying interest.
Customer: replied 2 years ago.
Can you tell by the pictures of the deposit slip and the cashing and closing acct , if it is the same acct? And does my name need to be on it?
I was going to just be done w him. He owes me a 1/2 months rent and 1/2 months electric which I forgave to be done w him. But when he became a pain in the butt and an ingrate ( I spent a ridiculous 7 k on improving this apt ) I thought, well he is the one who started it and I am the one who s life has turned for the worse financially and have nothing.
If he has to , by law, pay me the 3400. I'd be thrilled. It is a month s rent
Customer: replied 2 years ago.
And does my name need to be on the acct?
Thanks Loren.
Expert:  Loren replied 2 years ago.
I can not tell from the slip and check, since it is a cashier's check.If you were not given notice of where the deposit is being held and the interest that was being paid then you are owed the entire deposit and should sue if you were not refunded the deposit.
Customer: replied 2 years ago.
the deposit was transferred to new owners. but he did not pay for time I was supposed to not be charged. Can I still legally get the 3400?
Expert:  Loren replied 2 years ago.
Yes, the landlord is not entitled to keep your deposit.
Customer: replied 2 years ago.
He did not keep the deposit. I said, it was transferred to new owners . iIf you would perhaps reread the emails of mine from the beginning? I know it is confusing.
Customer: replied 2 years ago.
So far, I know you are trying to answer my question but as I said in the emails , I know everything you have said. It is not answering my questions. Thanks
Expert:  Loren replied 2 years ago.
Both landlords remain liable to you for your security deposit. Has the deposit or any portion been returned to you by either landlord?
Customer: replied 2 years ago.
I still live in the apt. As I said, the deposit was transferred w a strange interest of 70 cents. This is becoming a little frustrating Loren. I think the questions are rather clear.
Expert:  Loren replied 2 years ago.
I will opt out. Do not reply as it will delay the ability of another expert to respond.
Expert:  Dimitry K., Esq. replied 2 years ago.
Thank you for your post. A different professional here. Perhaps I can try to assist.
However I am likewise muddled by the issue. From what I gather the building was sold, your deposit was transferred to the owners, and you were provided with the interest that you believe to be too little, specifically in the amount of 70 cents. Is that correct, or did I misunderstand anything?