By Patrick Paine () |
March 1, 2008, 3:58 pm
Living at Osceola Ridge was an unadulterated travesty. The management was incompetent. The premises were dirty. People had parties and blasted music at all hours, filling the parking lot and intimidating police into staying in their cars and relying on megaphones to break them up. Management breached the lease by entering my apartment on more than one occasion without giving warning. Maintenance would enter and leave without locking my front door. Booth’s free housing scholarship was mismanaged. Utility bills were divided up improperly between roommates. A roommate of mine was fined twice for the same offense. Booth Management has changed its name to iPad Management, but I have a hunch that the essential incompetence remains.
I decided to move out in the Fall of 2006. To top it all off, Booth illegally withheld money from my security deposit without notifying me within 30 days. So, I did what any legally informed and pissed-off former resident would do: I threw the book at them. What follows is the letter I wrote to Booth Corporate. A quick apology was the reply, and my money was refunded three months later. It was only $30, but it was damn worth it.
Dear Booth Properties,
I received a letter in the mail, postmarked October 1st, 2007, detailing Booth’s intention to impose a claim upon my security deposit. Unfortunately, the time period within which to notify me of your intention has expired, so that Booth has waived its right to do so.
Florida Statute 83.49(3)(a) clearly states:
“(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim [...] If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.” Emphasis added.
To satisfy the above notice period, Booth Properties would have had to have postmarked their letter detailing their intent to impose a claim on my deposit by September 9th (9/09/07), my date of vacating Osceola Ridge having been August 9th, 2007. Clearly, this statutory requirement has not been met as evidenced by the following:
The letter addressed to me is dated 9/13/07, past the statute of limitations. The statement of deposit is dated 9/13/07, past the statute of limitations. The check for the remainder of my deposit is dated 9/20/07, past the statute of limitations. Finally, the certified mail containing the notice is postmarked October 1, 2007, undoubtedly past the statute of limitations, ending on September 9. Booth Properties has therefore forfeited its right to impose a claim upon my security deposit.
I am not disputing my utility charges of $11.69, but the charge deducted for “additional cleaning” at $30.00. I fully expect the latter charge to be refunded to me in full upon receipt of this letter, in accordance with Florida law.
I am writing to assist any fellow Booth residents, in order that they may prevent being scammed in the way I almost was. Booth nearly got me. Don’t let them get you.