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Florida rental foreclosure and security deposit
Kissimmee, FL
Viewed 176 times.
Posted 5 months ago in Landlord / Tenant
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I found out a few weeks ago that house I am renting is going into foreclosure. Thank goodness my lease expires July 1st, so I immediately found a new place to live. However, I have a $1100 security deposit at the "soon-to-be foreclosed" on house. How do I go about getting it back? My landlord there told me "I don't have it, your not getting it, and get over it!".
Answers (1)sunrunnerdude
Posted 4 months ago.
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Take the landlord to small claims court. It is a little fee to you the tenant. Just go to court house and file a claim with small claims court. Very very easy. The cleark will help you. You have the right to have a judge hear your case. Read the article below from a legal sight. As I am in the same situation as you. And we are going to court for the deposit. If I do not get it then. The landlord will have a judgement placed against them. They will have to satisfy the judgement to get loans or credit in future. So it will come someday. Place a judgement against them and they will have to face it someday, meaning pay it someday. And it worth the aggrevation you place against the landlord. He is liable for your deposit and in some cases additional money damages for not returning it. GO GET THEM !
Suing in Small Claims Court A lease-holding tenant who has to move out so that new owners may move in might consider suing their former landlord in small claims court. Here’s how it works. After signing a lease, the landlord is legally bound to deliver the rental for the entire lease term. In legalese, this duty is known as the “covenant of quiet enjoyment.” A landlord who defaults on a mortgage, which sets in motion the loss of the lease, violates this covenant, and the tenant can sue for the damages it causes. Small claims court is a perfect place to bring such a lawsuit. The tenant can sue the original landlord for moving and apartment-searching costs, application fees, and the difference, if any, between the new rent for a comparable rental and the rent under the old lease. Though the former owner is probably not flush with money, the awards in these cases won’t be very much, and the court judgment and award will stay on the books for many years. A persistent tenant can probably collect what's owed eventually. |