Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

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

Customer Question
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: 7 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
12/11/2017
Lawyer: Legal Eagle, Lawyer replied 7 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 13,467
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Landlord-Tenant Question
Customer reply replied 7 months ago
Could you email me your response at***@******.***. thank you, ***** *****
Lawyer: Legal Eagle, Lawyer replied 7 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:-)?

Ask Your Own Landlord-Tenant Question
Customer reply replied 7 months ago
I thought you were in the Miami, Florida area? Should I have an attorney?
Lawyer: Legal Eagle, Lawyer replied 7 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?

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Thomas McJD Your Own Question
Thomas McJD
Thomas McJD
Thomas McJD, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 46
46 Satisfied Customers
Experience: Landlord-Tenant Law Expert

Thomas McJD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

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!!

ElaineAtlanta, GA

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.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
My condo association in my building in Hallandale beach
My condo association in my building in Hallandale beach florida don't have written rules about security deposit to the building when you rent your unit, they just come up with the amount of equal to 1… read more
Lori
Lori
Juris Doctor
1,850 satisfied customers
I am currently a tenant. My roommates and I rent out our
Hi, I am currently a tenant. My roommates and I rent out our living room since 2015. The one who lives in living room doesn't sign the lease with our landlord. She submitted deposit $1000 when she mov… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,599 satisfied customers
I have rented an apartment for 6 months in Florida, I have
I have rented an apartment for 6 months in Florida … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Had to break a lease due to husband's job. We are out this
Hi,Had to break a lease due to husband's job. We are out this week and have paid for July. The landlord has rented it for Sept. and is spending August doing repairs on the home (repairs not that we ca… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
We sent the tenant a certified letter with remaining deposit
Good morning, we sent the tenant a certified letter with remaining deposit letter, check, list of deductions. i've tracked that they received the notification on the 1st and she's been threatening us … read more
KLAW
KLAW
Juris Doctorate
2,273 satisfied customers
Tenant left at the end of January....I sent out a certified
Tenant left at the end of January....I sent out a certified letter stating deductions from his security deposit and enclosed a check for the balance on February 27th and it was delivered by March 1st,… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
I am a tenant renting an apartment in New Jersey. I have a
I am a tenant renting an apartment in New Jersey. I have a discrepancy with my landlord about late rent/bounced check fees. I mailed the rent check postmarked on February 2nd. The landlord deposited t… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
I rented my condo to my cousin when I moved out of state. I
I rented my condo to my cousin when I moved out of state. I typed up a rental agreement between us. She paid 200.00 deposit. I moved back 2 months later and we were living in my condo together. I told… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I get a letter from the office I lived. The letter say they
I get a letter from the office I lived. The letter say they come into my house and see that my house is not clean. Including pet waste, other trash, etc. They asked me to pay $1650 to replace the carp… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I RENT A CONDO USING THE STANDARD CONTRACT REALITORS. i HAD
i RENT A CONDO USING THE STANDARD CONTRACT FOR tx REALITORS. i HAD A RENTER GIVE NOTICE 60 DAYS IN ADVANCE THAT SHE WAS MOVING OUT AT THE END OF HER LEASE WHICH WAS OVER SEPT 30. i TOLD HER WE HAD THE… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,170 satisfied customers
When a securty deposit is required from a condo association
When a securty deposit is required from a condo association on a years lease for an owners tenant, and the tenant puts up the months security. Two an one half years later the tenent moves out from a m… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
Tower, Since our my last question my former tenants are still
Tower, Since our my last question my former tenants are still saying we owe them $2,360.00 for a security deposit. However the security deposit we hold is $1,180.00. On 2 leases dated 2010-2011 and 20… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Hi: I have a roommate she rents the other room in a two bedrooms
Hi: I have a roommate she rents the other room in a two bedrooms condo. My roommate e-mailed me a notice to vacant for 60 days notice till end of August. She gave me a rental check got bounced in July… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Hello: My wife has been renting an apartment for 8 months
Hello: My wife has been renting an apartment for 8 months now and as part of her lease, she must pay sewer and trash services to a third party company. She originally signed up for an auto-deduction p… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,264 satisfied customers
I am a landlord for a 6 unit building in Cook County, IL. I
I am a landlord for a 6 unit building in Cook County, IL. I do not own any other property other than my home. On August 28, I had a tenant move out. On Oct 10, I mailed them a check for security depos… read more
Thomas McJD
Thomas McJD
Lawyer
Doctoral Degree
46 satisfied customers
I have a rental property in Georgia. My tenant has been renting
I have a rental property in Georgia. My tenant has been renting from me since August 2010. Everything had been fine up to the May 2012, when she called me because she was not able to access community … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I own a 3 bedroom condo in west St Louis county. I rent 2
I own a 3 bedroom condo in west St Louis county. I rent 2 to the 3 bedrooms to tenants. I live in the 3rd bedroom. I do not have a lease with my tenants. They pay $400 at the first of each month. This… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I live in NYC and am moving out of my apartment. Because I
I live in NYC and am moving out of my apartment. Because I did not sign a written lease renewal, I assumed I was on a month to month lease. However, my original lease has a rider stating that I could … read more
NOT LEGAL ADVICE!
NOT LEGAL ADVICE!
1,470 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x