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My stepson and I rented a condo in South Beach on August…

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My stepson and I...

My stepson and I rented a condo in South Beach on August 18th, 2014. My stepson signed the lease agreement and I gave her a check for the rent and security deposit in person. I have a copy of the lease agreement which the rent was $1650 per month and a security deposit of $1650. My stepson lived their until I wrote a letter to the Landlord on August 17th, 2017 giving notice along with the monthly rent payment for September, 2017. I sent the checks to her for the monthly rent 33 out of the 36 monthly payments. The other three months my stepson transferred the funds to her checking account. After not receiving any refund for the security deposit which I had asked to be mailed to me in the August notification letter, I sent a follow up certified letter to her on October 27th to her address in St. Louis, Missouri which is her primary residence. I explained that if I didn't received the security deposit, I would file a small claims civil action which would include all costs, serving her outiside the State of Florida, filling fees, and any costs associated with attending the hearing in Miami. . Obviously she has not responded to any requests. I had my stepson take pictures inside the condo before he vacated. He left a 55 inch tv in the living room and a computer printer because he was moving to Mexico at the time. He is back living in the US in Houston, TX or at my address. My question is several: according to my research she had 15 days to notify us if she didn't intend to return our security deposit. She did not make any notification to us. Do we have a reasonable chance of recoveraing the &1650 security deposit and associated costs which may include an attorney? What would the legal costs be including having her served in Missouri? thank you for your response. bob neamy

Lawyer's Assistant: It can cost anywhere from $10 to $100, depending on the type of issue and how much of the Lawyer's time your question is expected to take (how complex and lengthy an answer you require). What state is this in? And just to clarify, when was the purchase made?

I have no problem with the fee to answer the question, but I want to know if I stand a chance on recovering the security deposit and associated lawyer fees.

Lawyer's Assistant: Has anything been filed or reported?

No. Only my certified letter to her.

Submitted: 4 months ago.Category: Landlord-Tenant
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12/11/2017
Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 10,429
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Could you email me your response at***@******.***. thank you, ***** *****
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks so much for your patience on this. This message should reach you via email. The answer to your first question is yes, you probably have a good chance to recover your security deposit if she didn't return it within the specified timeframe. Typically, you can recover your attorney's fees and court costs if you sue and you are successful. As far as the costs of having her served, if you go to www.thumbtack.com, you can find a process server who will typically do it for about $50. As far as the actual costs of filing, that depends on your county and their fees tend to change on the regular basis so you'd have to check with them .

What other questions did you have for me today that I can help you out with:-)?

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Customer reply replied 4 months ago
I thought you were in the Miami, Florida area? Should I have an attorney?
Lawyer: Legal Eagle, Lawyer replied 4 months ago

Attorneys on the website are from all over the United States so you're in good hands. Because of the relatively small amount, I would probably recommend that you don't hire an attorney because the fees alone would probably equal the amount that you're looking for and there's no guarantee of success. Usually, small claims courts handle anything under $5,000, and they can often help resolve cases within 30-60 days depending on the court's calendar. What other questions did you have for me today?

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Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

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It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

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