Security Deposit

**berrybox** · 10-03-2012, 14:36

Hello:

We have been going to Florida for the last 8 years.

We have been renting from one management company only.

We have been leaving the security deposit with them from yr. to yr. for the last 3 or 4 years.

With no notice to us the management company is being run by different managers but still the same boss in the background and also they have still kept the same name.

They say now that since they have "changed people at the front desk" that there is a Florida law that states that they do not have to honor past contracts.

Has anyone heard of this law?

**carolmc** · 10-03-2012, 14:49

I have never heard of a practice like this at all - let alone a law that does not allow it. Very odd practice indeed

**steph_goodrum** · 10-03-2012, 16:13

If the original Management company bosses are still around, thell them they have 7/14 days to refund your security deposit or you will be taking legal action. You have obviously been a loyal Customer and there is absolutely no way they should be rewarding that by witholding your money. You left it in good faith for the next holiday so they should either honour the booking or refund the money.

wrpac00 · 10-03-2012, 17:20

Unless I have missed something I am not sure what the problem your having is.

**steph_goodrum** · 10-03-2012, 18:24

Paul
I took it to mean that, like some Guests of ours who have had such a good holiday they have aked that instead of the Security deposit beinng returned it is kept as deposit for their next holiday. In this case it looks like they are saying that the owners have changed and they are saying that they will not do that (and presumably because the money was paid to the original owners they want a new deposit for the next holiday.
If the company is still trading under the same name then you presumably have written evidence that is what they have said they will do so regardless of who is at "front desk" your contract is with the company of that name.
It's a bit like an hotel saying that if the receptionist leaves your booking isn't valid. Ask them to show you exactly what law they are referring to and I doubt very much they will be able to because I'm pretty certain it won't exist.

**Katys Grandad** · 10-03-2012, 20:44

I sympathise with your situation but I don't think this is going to be the best place to access advice on Florida contract law. You'll get well intentioned suggestions and experience but you need to view it in that light.

If you feel strongly enough about it and the amount is worth fighting for, you'd be wise to take some qualified advice from a US Attorney

**steph_goodrum** · 11-03-2012, 07:08

There is a similar thing to the Small Claims Court in FLorida which would cost less than going to an Attorney which may not result in you getting anything back by the time you paid their fees. (I'm assuming from the average security deposit it's less than $500). If you are like me it would not just be the money it would be the principle. If you have documentary proof of how much you paid, what it was for and what they are now saying, you would seem to have a good case, you would fill in a form and pay a filing fee which if you were successful they would then claim back from the other side.
Do you know if the MC is/was a member of the Better Business Bureau?

**florida4sun** · 11-03-2012, 07:11

No need for attorneys (pointless unless you are claiming thousands), contact Dee Obrien at licensing. Make sure you have sme kind of paper work documenting the fact, even it is just email.

**Katys Grandad** · 11-03-2012, 10:00

Originally Posted by steph_goodrum

There is a similar thing to the Small Claims Court in FLorida which would cost less than going to an Attorney which may not result in you getting anything back by the time you paid their fees. (I'm assuming from the average security deposit it's less than $500). If you are like me it would not just be the money it would be the principle. If you have documentary proof of how much you paid, what it was for and what they are now saying, you would seem to have a good case, you would fill in a form and pay a filing fee which if you were successful they would then claim back from the other side.
Do you know if the MC is/was a member of the Better Business Bureau?

The Florida Small Claims process requires upfront payment for summons service by court officers and both pre-trail and substantive trail hearings really need the claimant or representative to be in court to present the case if they are to have any chance of success.

The biggest problem of all is that, even if you win, the court has no power to enforce the judgement if it involves monetary recompense. The claimant has to do it themselves unless the defendant pays up voluntarily. The OP can judge how likely that is.

I agree that there might be some value in contacting the licensing authorities but court action for a few hundred pounds in a foreign jurisdiction 4,000 miles away requires both financial and time commitment that many would see as not justified.

Not my call, but I wouldn't do it.