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FL 33160, We applied to rent a property in Boca Raton

Customer Question
FL 33160 JA: Has anything been...
FL 33160
JA: Has anything been filed or reported?
Customer: We applied to rent a property in Boca Raton through Homeaway in August 2015
The owner contacted us directly and said to rent with them and not Homeaway. We paid for the whole period, just over 2 months. They asked us to pay some of the money to a credit union and the rest to the business account of the husband. On the day of arriving we had an issue and couldn't move in. We had also paid a 1000 dollar deposit to be forfeited if we cancelled, we let them keep the 1000 dollars and asked for our money back, circa 8000 dollars, they said it was not possible but we could have a credit for the accommodation for any time in the future it was available. We attempted to contact them as we were ready in may to move in. They failed to respond to all emails over a 6 week perioduntil I threatened legal action. We spent this period in New York waiting for a response, the immediately replied saying they had no access to their emails as they had been on the west coast, I then asked on multiple occasions for a day that I could call them which they avoided answering. Eventually I got the wife on the phone and she told me that I could not have the money back and they weere thinking of selling the house so it was not available for rent. I wrote an email offering a payment plan or a shorter rental or multiple short term rentals or they rent us another property. They never responded. I then offered that they return an amount of 5000. They refused. I then asked them for their correct address to receive a Lawyers letter, otherwise I would have one sent to her school where she teaches as some money went to her personal account and another letter to the address of her husbands company as money went there. I told her she must get back to me last Wednesday to settle this amicably. She has not supplied any information, we rented another apartment in mid July as we had to be in south Florida, this has cost us another 9000 dollars plus 2000 dollars in a hotel . I think they believe that as I am English it will all go away. The contract was actually in my Girlfriends name and she signed it. She is a US Citizen since birth.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: FL
JA: Anything else you want the lawyer to know before I connect you?
Customer: It's fine
Submitted: 4 months ago.Category: Landlord-Tenant
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Answered in 2 hours by:
7/28/2017
Lawyer: Thelawman2, Lawyer replied 4 months ago
Thelawman2
Thelawman2, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 1,632
Experience: Attorney-at-Law
Verified

Hello, my name is ***** ***** I will be helping you today.

So when you say you paid for the whole period, how long did you pre-pay for, and how much money did you give them in total?

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Customer reply replied 4 months ago
Hi
Originally they asked us to not pay it all to 1 account so instructed us to pay 1000 dollar deposit through PayPal. 3000 dollars to her husband/ partner construction company. 3000 Dolkars to IBM southeast employees federal credit union and 3472 dollars to her Wells Fargo account.. the rental period was 19 th August to 4th of November.
Lawyer: Thelawman2, Lawyer replied 4 months ago

And what was the reason that you couldn't move in?

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Customer reply replied 4 months ago
It was because I was refused entry at Fort Lauderdale airport because of 2 day overstay on my ESTA a couple of year earlier, in the interim I had been in and out of the USA on several occasions, so had no idea this would happen.
Lawyer: Thelawman2, Lawyer replied 4 months ago

Okay, so I'm just trying to understand what happened here. You stated that you weren't ready to move in in May because of being refused entry at the airport, but then you say that the rental period was from August to November. When you couldn't come in in May, did you and the person agree to move the rental period to August?

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Customer reply replied 4 months ago
No sorryThe rental was August 2015 to November 15, but as the wouldn't give the money back the said we can have a credit and the house would be made available to us. We stayed in contact with them since then. In May this year we asked for dates and said we could move in anytime from June the 10 th and that is when they did not respond on multiple occasions until I threatened legal action.
Lawyer: Thelawman2, Lawyer replied 4 months ago

Understood. At this point, you are going to have to bring a civil case against the renters to recover the money that you paid that they have not returned (other than the deposit). Because the amount is over $5,000, you are not going to be able to bring a case in small claims court. You are basically going to need to create a complaint and fill out a summons and file it with the court near where the defendant is located and then have it served on the defendants to open the case.

You might want to try one last chance to tell them that they need to give the money back or else you are going to go through with filing this lawsuit.

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Lawyer: Thelawman2, Lawyer replied 4 months ago

The claim would be a simple breach of contract claim since you were permitted to cancel and get your money back (minus the $1000), and the defendants have not complied with this agreement.

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Category: Landlord-Tenant
Satisfied Customers: 1,632
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