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What happens AFTER security deposit claim notice?

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  • What happens AFTER security deposit claim notice?

    First, Happy Holidays to everyone ... from Florida

    Tenant moved out 1 month early from written lease extension. I (LL) am sending security deposit claim notice for extensive damages exceeding deposit money by cert. mail within 30 days of tenant's move-out date. He has 15 days to respond from receipt of claim notice. I know he will not pay the balance & he will object to the damage claims.

    AFTER I receive his objection notice within the allowable 15 days, then what happens?
    If I do nothing as I'm willing to forego the overage, WHAT ARE HIS OPTIONS? and CAN I DO NOTHING or do I have to respond?

    That's my question.

    This has been a long on-going case, first eviction up to court-date, then last minute Settlement Agreement to extend lease to 12/31/13. He did not pay Oct & Nov rent. I filed Motion to Enforce Settlement Agreement & went to court Dec. 6th being given a Final Judgment of $7500 for Oct & Nov Rent. By Dec. 2nd, he did move out, leaving lots of damages.
    Sec. Dep. claim includes $5074 in damages, plus Dec. rent (broke lease extension), and late rent fees, total over $8900 and I have $5000 sec. deposit. In addition, I already have the Final Judgment for $7500 (Oct & Nov rent)

    I have only succeeded this far due to all the help I have received on this forum. Thanks so much and any advice is greatly appreciated.
    BTW, the ex-tenant does have money ... he just bought 2 new BMW's with cash.
    Again, Thank you and Happy Holiday.

  • #2
    Re: What happens AFTER security deposit claim notice?

    Originally posted by floridagator View Post
    First, Happy Holidays to everyone ... from Florida

    Tenant moved out 1 month early from written lease extension. I (LL) am sending security deposit claim notice for extensive damages exceeding deposit money by cert. mail within 30 days of tenant's move-out date. He has 15 days to respond from receipt of claim notice. I know he will not pay the balance & he will object to the damage claims.

    AFTER I receive his objection notice within the allowable 15 days, then what happens?
    If I do nothing as I'm willing to forego the overage, WHAT ARE HIS OPTIONS? and CAN I DO NOTHING or do I have to respond?

    That's my question.

    This has been a long on-going case, first eviction up to court-date, then last minute Settlement Agreement to extend lease to 12/31/13. He did not pay Oct & Nov rent. I filed Motion to Enforce Settlement Agreement & went to court Dec. 6th being given a Final Judgment of $7500 for Oct & Nov Rent. By Dec. 2nd, he did move out, leaving lots of damages.
    Sec. Dep. claim includes $5074 in damages, plus Dec. rent (broke lease extension), and late rent fees, total over $8900 and I have $5000 sec. deposit. In addition, I already have the Final Judgment for $7500 (Oct & Nov rent)

    I have only succeeded this far due to all the help I have received on this forum. Thanks so much and any advice is greatly appreciated.
    BTW, the ex-tenant does have money ... he just bought 2 new BMW's with cash.
    Again, Thank you and Happy Holiday.
    You are in a position now with the judgment ($7500) to collect on it. You may return to court to get a writ of execution on the judgment -- then garnish wages, a levy of attachment on bank accounts and then personal property [the 2 BMW's] if you cannot satisfy the $7500 judgment from his cash assets.

    Two free and clear BMW's. Hmm. If you manage to get both of them, I'll return to Florida and maybe make you a deal.

    Comment


    • #3
      Re: What happens AFTER security deposit claim notice?

      Friend in Court,
      Yes, I have a Final Judgment for rent which is great ... but now have to deal with the Security Deposit & the physical damages. I have to send Sec Dep Claim notice by Dec. 30th for the $5000+ in damages, plus Dec. rent & late fees.
      He has an atty on speed-dial & I'm sure will object to the claim notice ...
      So what does he do? send letter of objection? and then do I have to respond?
      or does he just file a lawsuit?
      JUST WANT TO UNDERSTAND WHAT HIS OPTIONS ARE SO I CAN PREPARE ....

      After all this, then I'll ask about how to collect on Final Judgment.
      I would love to have you come to Fla ... North Palm Beach ... and help me out! You collect 2 BMW's and you can have one!

      Please let me know what to expect from him & his atty.... Thank You.

      Comment


      • #4
        Re: What happens AFTER security deposit claim notice?

        Originally posted by floridagator View Post
        Friend in Court,
        Yes, I have a Final Judgment for rent which is great ... but now have to deal with the Security Deposit & the physical damages. I have to send Sec Dep Claim notice by Dec. 30th for the $5000+ in damages, plus Dec. rent & late fees.
        He has an atty on speed-dial & I'm sure will object to the claim notice ...
        So what does he do? send letter of objection? and then do I have to respond?
        or file a lawsuit?
        JUST WANT TO UNDERSTAND WHAT HIS OPTIONS ARE SO I CAN PREPARE ....

        After all this, then I'll ask about how to collect on Final Judgment.
        I would love to have you come to Fla ... North Palm Beach ... and help me out! You collect 2 BMW's and you can have one!

        Please let me know what to expect from him & his atty.... Thank You.
        He and his attorney will just ignore you. Until you file suit for the damages. And you will have two [2] judgments to collect on. Forget his options. Yours are the ones that count.

        So send your notice/demand for what he still owes before the deadline. And prepare to sue for it since he's not likely to pay anyone other than his lawyer at this point. If you don't hear back from him with a check within,. say, 5 business days, file suit.

        Hmm. I was in Broward, but No. Palm is sweet, too. Since where I am now it dropped to 1 degree F last night -- and it was 82 in Ft. Lauderdale-- heading E to the beach could not be more appealing. Last year this day I was on the beach, soaking up sun and dipping my toes in the sand. Oh, well, now I can take "visit Alaska" off my bucket list. The Midwest experience this year has satisfied my curiousity.

        Comment


        • #5
          Re: What happens AFTER security deposit claim notice?

          Friend in Court,
          Yes, temps are delightful here ... can I tempt you into coming south? Toes in warm sand is so soothing...

          I don't know if the tenant/atty will ignore this. When we filed for eviction, his atty filed a counter-claim. And tenant said he would keep me tied up in litigation for years.
          Question: atty was involved in eviction & settlement agreement. Now this deals with Security Deposit. Do I need to send atty a copy of sec dep claim by certified mail too?

          Timeline - wanting to understand....
          Moved out end of Nov, ie must send sec claim by Dec. 30th .... right?
          On sec claim, "Balance due by Jan. 31, 2014 to avoid further actions" ... should I change that to something else?
          If I mail sec claim on Dec. 30th, I don't know when he'll receive it as it will have to be forwarded since he did not leave me his new address. Then he has 15 days to respond. So, "wait 5 days" from when?

          Now if you were enjoying the sand in your toes, you would be close enough to review my paperwork.
          In between helping me out, I hope your enjoying your holiday. And Thank you so much for all your input.

          Comment


          • #6
            Re: What happens AFTER security deposit claim notice?

            The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus will be allowed to recover court costs and attorney fees from the losing party. Seek help from an expert lawyer.

            Comment


            • #7
              Originally posted by Lexus View Post
              The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus will be allowed to recover court costs and attorney fees from the losing party. Seek help from an expert lawyer.
              Yes, I have been asking around, but have not gotten any recommendations.

              Comment


              • #8
                Re: What happens AFTER security deposit claim notice?

                Originally posted by floridagator View Post
                Friend in Court,
                Yes, temps are delightful here ... can I tempt you into coming south? Toes in warm sand is so soothing...

                I don't know if the tenant/atty will ignore this. When we filed for eviction, his atty filed a counter-claim. And tenant said he would keep me tied up in litigation for years.
                Question: atty was involved in eviction & settlement agreement. Now this deals with Security Deposit. Do I need to send atty a copy of sec dep claim by certified mail too?

                Timeline - wanting to understand....
                Moved out end of Nov, ie must send sec claim by Dec. 30th .... right?
                On sec claim, "Balance due by Jan. 31, 2014 to avoid further actions" ... should I change that to something else?
                If I mail sec claim on Dec. 30th, I don't know when he'll receive it as it will have to be forwarded since he did not leave me his new address. Then he has 15 days to respond. So, "wait 5 days" from when?

                Now if you were enjoying the sand in your toes, you would be close enough to review my paperwork.
                In between helping me out, I hope your enjoying your holiday. And Thank you so much for all your input.
                If your lease has an attorneys fees clause, it would be wise to hand it to a lawyer along with the evidence of your damages. And hire a sharper, cloutier lawyer than he has -- one with a strong real estate practice -- and a strong take no prisoners litigator. There are a few in Palm Beach County.

                Don't give him 30 days to pay you, either. Five days seems enough, especially for someone flush enough to pay cash for a couple of BMW's and retain a lawyer, too.

                Since he is represented by a lawyer, you can send any correspondence to his lawyer. And have yours waiting in the wings if you do not retain one before the 30th.

                If this arctic freeze persists, I just may hop a plane back to South Florida. Now I know why it gets all those snow bunnies and hares in the winter.

                Comment


                • #9
                  Re: What happens AFTER security deposit claim notice?

                  Yes, I do need a GOOD attorney in the area, can you help me find one? Maybe send a PM....

                  You say, "give 5 days notice to pay" ... from when? from receipt of claim notice?

                  Comment

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