By NANCY PARADIS
© St. Petersburg Times, published March 5, 2000
At the end of November we moved out of our apartment in New Port Richey. In mid-December we were informed that our $425 security deposit was being kept because of "damages." Enclosed is a list of nitpick charges. According to the letter, the whole apartment needs renovation!
We are both retirees, and I assure you the place was left in excellent condition with only normal wear and tear. The indoor rug did need to be shampooed but not replaced, as there were no holes or damage whatsoever.
The washing machine -- ours -- was in excellent condition. We told the building manager to sell it, and we would split whatever she got. According to her letter, she paid $50 to have it disposed of and passed the charge on to us. We relocated to Ocala with a 20-year-old car and can't drive on the interstate to return and hire a lawyer, so you are our last resort. Any help would be greatly appreciated. Pete Wright
Response: Did your landlord send the notice of her intention to keep the security deposit within 15 days of your moving out? Once you received it, did you write back to object within 15 days? Florida Statute 83.49 (3)9a) states that once the premises have been vacated for termination of lease, the landlord has 15 days to either return the deposit (together with interest if required) or give written notice, by certified mail to the tenant's last known mailing address, of the intention to keep some or all of it and the reason. The tenant has 15 days to object once written notice has been received.
If your landlord did not send the letter within 15 days and your apartment was one of five or more units on the property, you can turn to the Department of Business and Professional Regulation's Division of Hotels and Restaurants. As long as you did not break your lease, it can enforce the return of your security deposit. The Tampa district office of the Division of Hotels and Restaurants is at 1313 N Tampa St., Suite 106, Tampa, FL 33602, or call (813) 272-2200 or (800) 880-7753.
If your landlord complied with the statutes, the issue of withheld money may have to be resolved in small claims court. Whoever loses pays the court costs and attorneys' fees.
It's too late for you in this case, but we always recommend that tenants schedule a final walk-through with the landlord when they vacate a rental property and get a signed and dated receipt stating what the problems are, if any. Failing that, take photos and get signed, dated statements about the apartment's condition from witnesses who aren't tenants.
For a copy of "Florida's Landlord/Tenant Law," a brochure published by the Florida Department of Agriculture and Consumer Services, call (800) 435-7352 (HELP-FLA). The publication is also available at the division of Consumer Services' Web site, http://www.800helpfla.com/cs/landlord_text.html. A more comprehensive guide is published by the Florida Public Interest Research Group. To order a copy of "Renters' Rights Handbook," send a check or money order for $10 (to cover printing and shipping costs) to: Florida PIRG Education Fund, 704 W Madison St., Tallahassee, FL 32304, Attn: Renters' Rights Handbook. The handbook is also available online at http://www.pirg.org/floridapirg/consumer/renters/rrpage1.htm. With regard to the washing machine you say you left for your landlady to sell for 50 percent of the profit, unless you have something in writing to this effect, we're afraid there's nothing we can do.
My wife and I, in response to an ad in your paper, reserved a package trip offered by ATA International to Gulfport, Miss. Our trip was for four days and three nights at a cost of $159 each. Two $10 coin vouchers to be used at the casino, one for this trip, one for a return trip, were part of the package, making the actual cost of the trip $139 for each.
On arrival in Gulfport, we were told the company was out of vouchers, and despite several calls, this was not resolved while we were there.
After returning home, I made several calls to ATA and eventually spoke with someone who told me that ATA had no intention of doing anything about this, as the vouchers had been eliminated between the time the reservations were made and the day of departure.
As shown in the enclosed copy of the more recent ad, that is partly true, as ATA now gives one voucher rather than two, but it has compensated by lowering the cost of the package by $10. We should have been given the vouchers we paid for or reimbursed for the lack of them. Deane Seavey
Response: Vince Albanese, president and owner of ATA International in Tampa, said his company is just the booking agent for Casino Marketing Services in Biloxi and has no control over the prices or the ads. The ads indicate that the offers are good only through a specific time, however, and that schedules and prices are subject to change. He said the rising cost of jet fuel means that more increases are coming.
Albanese said he is sorry that one employee was sharp with you. As a gesture of good will, he is sending you a $40 check to cover the cost of the voucher, compliments of ATA.
The ad you sent us, from which you purchased your trip, stated that the prices were good through Dec. 22. Your credit card receipt is dated Jan. 10.
Action solves problems and gets answers for you. If you have a question, or your own attempts to resolve a consumer complaint have failed, write Times Action, P.O. Box 1121, St. Petersburg, FL 33731, or call your Action number, 893-8171, or, outside of Pinellas, (800) 333-7505, ext. 8171, to leave a recorded request.
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