QUESTION

Does a landlord have claim over a property manager for a deposit

Asked on Dec 09th, 2014 on Real Estate - Florida
More details to this question:
I just moved out of a house in which i dealt with a property manager for the entire time. When I moved out the actual landlord moved in. He hasn't even seen the house in five years. Does he have the right in the say to what is charged to my deposit, or is it just the property manager?
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1 ANSWER

Well, he probably does in the end.  Likely, he has a standard contract with the property management company where they take a percentage of rent and they take care of all of the normal landlord functions so all the true “landlord” has to do is cash a check from the management company.  So, that probably includes any claims to your security deposit.  Now, with that said, you still have rights as a tenant.  Assuming you moved out in accordance with the lease, if the landlord (or the property management company as his agent) wants to make a claim against the deposit, they have 30 days after you move out to provide you with notice by certified mail (see FL Statutes 83.49(3)).  If you are good with the deductions, then that’s fine and the landlord (or agent) will deduct and send you anything that’s left (or if the deductions mean you owe money, the landlord (or agent) may choose to come after you for it).  If you want to dispute the deductions, you have 15 days after receipt of the notice to impose a claim to give notice to the landlord of your objections.  With the objections, he can’t deduct the amounts, but, rather, will need to go to court to deal with the deposit.  Of course, you can also take him to small claims court for improperly deducting (or for damages, if any).  Finally, if they decide not to impose any claim on the deposit, the landlord or agent has 15 days from move out to send you the deposit in full.  Long short, if you get the notice of deductions and feel like it is wrong, you want to give notice of these objections and you may find it helpful to meet with (and perhaps retain) and attorney to help you deal with the matter.
Answered on Dec 11th, 2014 at 7:29 AM

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