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Lease Guarantor / Security Deposit Letter

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  • Lease Guarantor / Security Deposit Letter

    My sister seems to have gotten herself into a bit of a mess, why they let a 21-year old girl be the lease guarantee for two boys is beyond me.

    1. If the lessor wants to hold the lease guarantor to the terms of the lease, are they by law required to send the lease guarantor their own copy of the security deposit letter? They did not and four months later she got a letter saying the account had been turned over to a collection agency, the balance would be put on her credit report and she knew nothing about it. They definitely missed the 15 day requirement right?

    2. Is the lessor required to send each lessee their own security deposit letter? The letter was sent, by certified mail, addressed to both boys at the second boy's forwarding address. The boys claim they knew nothing about it and the company has yet to produce the certified card showing it was received and signed for.

    3. If the apartment complex cannot show that the letter was ever received, and there was at least one forwarding address, can they still attempt to collect the money? I believe I read that Florida has a 15 day window for the security deposit letter.

    4. In addition, the total damages claimed is outrageous, nearly $2000, and she says they did a pretty good job cleaning and didn't leave anything behind. My sister wrote a letter to the collection agency disputing the charges and requesting copies of the move-in inspection and receipts/invoices adding up to the total being charged. What she received back in the mail was a copy of the lease, the security deposit letter, the move-out inspection and the key return forms. Nothing to show how the apartments reached their total. The collection agency cannot or will not produce documentation for the almost $2000 they claim is due. They also claim they cannot find the move-in, which would show what might have already been damaged.

    5. This was a furnished apartment and my sister claims that all the furniture was left, but on the move-out inspection, the apartment complex claims that two stools and a bed frame were missing. She insists that these items were there but since no one was present for the move-out inspection, she can't prove it. Is there a way around this?

    6. In addition, they were charged for not returning the keys when she clearly has copies of the forms, signed by the management, saying all keys were returned.

    7. They were charged for removal of trash on the porch that was left months earlier by the mangement when the apartment next door was cleaned. That's not right, but how would she prove it?

    8. They were charged for replacement of the carpet and vinyl flooring, which according to her needed replacing when they moved in. Shouldn't they be charged a pro-rated amount for the number of years they lived there (1) to the total life of the carpet, say 5 years? So only, 1/5 of the replacement value?

    9. I think that the collection agency should have to produce receipts/invoices adding up to the total amount charged and if they can't, then the charges should be reduced to what they can prove was done. The security deposit letter is dated three days after the boys moved out and I find it hard to believe that all the work could be done it that time, especially as one of the days was a Sunday.

    10. She has given the collection agency permission to speak with me about this situation and I would like to know if I can call/write and demand that they produce documentation for every penny charged or that the charges be reduced to what they can prove was done/cleaned/replaced.

    11. Lastly, this is just a collection agency which is not going to file a lawsuit. Also, there was no security deposit paid at move-in, just a $60 hassle-free move out charge (I don't really understand how it was supposed to help them considering the amount of damages) She admits that some money is definitely owed, but certainly not $2000. What can she do to get out of this situation or lessen the charges?

  • #2
    Re: Lease Guarantor / Security Deposit Letter

    Personally, I think that the apartment complex should be legally obligated to send her a security deposit letter and since they didn't, they totally blew the 15 day window and she should not be held liable at all, but I am not sure what Florida law says.

    ANY HELP IS EXTREMELY APPRECIATED!!

    Comment


    • #3
      Re: Lease Guarantor / Security Deposit Letter

      Letters of notice etc. do not have to be given, but frankly she could take the whole issue to small claims court and she may very well prevail given the sloppy evidence etc. that they are likely to have--or they may choose to compromise

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