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I am a Key Largo, Florida resident. I was living in a home

for just over 2 years. In...
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.
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Answered in 13 minutes by:
5/6/2013
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,726
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
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.
.
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.

.

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
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,726
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 4 years 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.

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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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 38,726
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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