From March 1, 2003February 28, 2004 we resided at 570 Jefferson Drive, Deerfield Beach, FL in what was know at that time as Centergate Apartments. On Feb 1, 2004 Equity Residential took possession of the complex and renamed it The Preserve. Our lease commenced on March 1, 2003 and ended on February 29, 2004. We gave initial notice of our intention to depart if the rent was raised significantly (December 1, 2003 letter attached). At the time, Trammell Crow managed the complex and we were informed the monthly rent would increase by over $140.00.
We notified Centergate via a letter which was hand delivered on December 31, 2003. On February 28, 2004 we submitted the attached letter to one of their employes, Sheila Baker, at approximately 2:00 PM in the Centergate office. We also turned in the keys to the apartment, the mailbox keys, the detailed MOVE-IN sheet submitted on February 28, 2003 and the garage door opener. When we asked if we got a receipt, Sheila said it was not necessary and everything was in our file. She assured us that we would hear from management regarding our security deposit. We offered to participate in a walk-through but she said it was not necessary.
We lived up to the terms of the rental agreement in every possible way. In return, the complex was badly managed, under-staffed, riddled with security problems and shoddily maintained. Despite the substandard conditions, we lived up to the terms and gave notice 60 days in advance and the apartment was vacant and clean on February 28, 2004. After leaving repeated messages for Equity's manager onsite, Richard Costa, we spoke with a floating manager, Kelly Hunter, on April 21, 2004. She said there was a bill in our file because we had not given notice and the apt was damaged!
Gee, that sounds like the class action lawsuit has not taught them anything! We gave notice at 90 days and 60 days, so we were not concerned. But asked her to sned this bill anyway. They finally sent it -- over 49 days from the day we moved out. Conveniently, it is in the amount of $334 -- the exact amount of our security deposit.
We have tried to contact Ricahrd Costa's superior, but cannot find out who it is or where he is located. On April 21, after checking FL law, I notified Equity Residential that they are in violation of Florida Statute 83.43 FS. That statute states, in part:
Notice by landlord: 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. (F.S. 83.49(2).
We vacated our apartment, in exact accordance with the terms of our lease on February 28, 2004. Thirty (30) days is long past and we did not receive any notice by certified mail or regular delivery mail and we could not even get anyone to return our phone calls. Further, because they failed to send us this notice within the 30 days, according to FL law, they have forfeited their right to take any deductions at all. (F.S. 83.49(3)(a).
They have ignored my calls and letters and I guess it is up to me to go to small claims court to get my lousy $334. It just makes me furious that we did EVERYTHING by the book and got screwed and I am powerless to do anything.
