By NANCY PARADIS
© St. Petersburg Times, published September 11, 2001
Can you tell us where to obtain a brochure on Florida renters' rights? Also, can you tell us if security deposits are supposed to be deposited in an interest bearing account? Thank you for your help. R.C. Menard
Response: Florida Statute 83.49 (1) states that security deposits must be held in a separate interest-bearing or non-interest-bearing account, but it does not specify which it must be. The landlord must, however, let the tenant know in writing within 30 days of receiving it where and how the security deposit or advance rent is being held (F.S. 83.49 (2).
For an easy-to-understand Renters' Rights Handbook, contact the Florida Public Interest Research Group at 704 W Madison St., Tallahassee, FL 32304; (850) 224-3321. The book is $10, or you may access it for free at the Web site: www.pirg.org/floridapirg.
The Florida Department of Agriculture and Consumer Services also has a brochure you might want to take a look at. For a free copy of Florida's Landlord/Tenant Law, call toll-free 1-800-435-7352, or visit its Web site: www.800helpfla.com.
In February, I contracted with Home Improvement Services in Clearwater to replace cabinet doors and a sink top in my kitchen. The company agreed to complete the job in two to three days, but after five days it was only partially finished. After I made numerous calls to the company, it returned to complete the job. The work was not satisfactory. The supervisor came and agreed and promised to have the men return. Several days lapsed, and they did not come. I called my credit company and asked if the company was still in business. It contacted Home Improvement and the workmen did return to make the necessary adjustments. Before they were down the street, the molding fell off the part they had just completed. Again more calls, with no response.
Only a little job was left to be finished. In less than an hour it could have been completed. I hope a call from you might inflence Home Improvement to fulfill its contract in a satisfactory manner, as mutually agreed upon. Lila Schafer
Response: We received a fax from Home Improvement Services that a service call had been scheduled and shortly thereafter got a call from you that the work had been completed.
On March 26, I sent a check for $24.93 for the purchase of a swimsuit to National TV Bargains. The check was deposited on July 3, but I have yet to receive my order. I sure would appreciate any help you can give me. Cheryl Andrews
Response: Thanks for your note that "whatever you do, it works. I just received my mail order." Fortunately for you, the swimsuit season is practically year-round in our part of Florida.
As a reminder, the Federal Trade Commission's mail or telephone merchandise rule states that merchandise must be shipped within 30 days of the oder's receipt unless a longer time was clearly indicated. If the company can't get the order to you on time, it must notify you of the new shipping date and give you the option of canceling your order and receiving a refund. You then have 30 days to respond or the company may assume you agree to the delay.
If the company cannot meet the new shipping date, it must again notify you and cancel the order and issue a refund unless you specifically let it know that you still want the merchandise. Refunds must be issued within seven days if you paid by cash, check or money order, and one billing period if you paid by credit card. If your efforts to resolve a problem with a mail order company fail, the Direct Marketing Association's ConsumerLine will contact the company on your behalf. Send a letter with the details of the problem, including information on the item ordered, date ordered, method of payment, company name, address and phone number, and photocopies of your canceled check or credit card invoice and/or order form to: Mail Order Action Line, Direct Marketing Association, 1111 19th St. NW, Suite 1100, Washington, DC 20036.
The Federal Trade Commission would also like to hear from you. While the FTC does not intervene in individual disputes, it does look for patterns of complaints, which are vital to its law enforcements efforts. You can file a complaint with the FTC by contacting the Consumer Response Center at its toll-free number 1-877-382-4357; or through its Web site, www.ftc.gov, using the online complaint form.
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, (727) 893-8171, or, outside of Pinellas, toll-free 1-800-333-7505, ext. 8171, to leave a recorded request.
Requests will be accepted only by mail or voice mail; calls cannot be returned. We will not be responsible for personal documents, so please send only photocopies. If your complaint concerns merchandise ordered by mail, we need copies of both sides of your canceled check.
We may require additional information or prefer to reply by mail; therefore, readers must provide a full mailing address, including ZIP code. Names of letter writers will not be omitted except in unusual circumstances. Letters may be edited for length and clarity.