When suing for my security deposit, do I specify Property Mgr. - employee of Caldwell Banker, or Schlitt Propery Mgt.?

Asked about 1 year ago - Melbourne, FL

Sandra Anderson is the property manager I have dealt with, she works for Caldwell banker
But the lease is through Caldwell Banker and the Deposit was held by Schlitt Property Management.

Attorney answers (2)

  1. Paul S Vicary

    Contributor Level 11

    5

    Lawyers agree

    Answered . It would be best to name both the landlord (which appears from what you say to be Caldwell Banker) as well as the property management company (Schlitt Property Management) as the older of the funds. You may wish to consult a local landlord/tenant attorney to assist you in preparing your complaint.

    Mr. Vicary is licensed to practice law in Florida. The response herein is not legal advice and does not create an... more
  2. Edward J. Fucillo

    Contributor Level 16

    4

    Lawyers agree

    Answered . If you wish to file a law suit to recover a security deposit, you must name as defendant the party with whom you entered the contract as your landlord. If the name of the landlord is Schlitt Property Management, then it would be the proper defendant, as it is ultimately liable for how the deposit is held, retained and/or returned. The fact that the landlord may have retained another party to manage its property is unrelated to which party is liable for properly holding, retaining and returning of the deposit.

    You should also be aware that F.S. 83.49, requires that you object within 15 days of your landlord's notice of its intent to impose a claim on your deposit. The statute also has limits on how long the landlord has to give you such notice. If you have any doubt, I recommend that you consult with an attorney to review the lease, determine what defendant(s) should be named, and if you and/or the landlord are complying with this statute.

    The hiring of an attorney is an important decision that should not be based solely upon advertisements. Before you... more

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