If you rent a home or an apartment in Riverview it is highly likely that when you moved in someone required you to provide them with a security deposit. If your tenancy has been established and if your tenancy was for residential purposes, the procedures associated with providing, holding, and keeping your security deposit are governed by Ch. 83 Florida Statutes, and if someone, including a collection agency or a management company, improperly took all or part of your security deposit this is likely a violation of consumer law, possibly the Florida Consumer Collection Practices Act and/or the Fair Debt Collection Practices Act. Pursuant to Ch. 83, in a few limited circumstances, before anyone can permanently keep some or all of your security deposit they must give you specific notice, as set forth in Ch. 83. They must send this notice to your last known address. You then have a certain amount of time to dispute the intent to make a claim on your security deposit.
In addition, if your landlord attempted to collect rent from you in a manner that you believe was harassing, your landlord may have violated consumer law and therefore can be considered debt collection harassment. Additionally, your landlord may have now gotten a collection agency to call you and send you collection letters concerning either alleged monies alleged to be past due rent or other move out fees and charges. Your landlord and any collection agencies that they may hire must comply with the Florida Consumer Collection Practices Act when they are attempting to collect any such sums of monies from you.
You do not have to be the victim of an unscrupulous landlord. Your security deposit was not intended to be a final payment to your landlord to be taken without just cause and proper procedure. If you think that you did not receive notice prior to losing all or part of your security deposit or if you believe your landlord or collection agency is commiting debt collection harassment towards you about your rent or other move out charges, please feel free to call Elkin-Peck, PLLC. Even if it is just to ask a question or two about security deposits or debt collection, we will take your call. There is never any charge for a consultation. We at Elkin-Peck PLLC service Riverview and take great pride in being able to inform people on what debt collection laws may protect them. Knowledge is power. Even if you owe all or part of your security deposit or rent we believe you should still be treated with respect and only be required to surrender your security deposit within the bounds of applicable debt collection laws.
In addition to servicing Riverview, FL, Elkin-Peck, PLLC also services the entire Tampa Bay Area.