Help getting security deposit returned.

[Darcy03231]

I paid a security deposit for a vacation home last October for our upcoming trip in August. The owners have an agent in Florida, but I was told to make the check out to the owners. When I contacted the agent to confirm my reservation and to make final payment he was floored! The owners have entered into a long term rental agreement with someone else and the house isn't available anymore. According the agent the owners were supposed to contact me and return my security deposit. He gave me their telephone number and address. I wrote to them requesting my deposit back as their home was no longer available. I called yesterday and spoke with the wife and really go the run around. She hung up on me. The agent in Florida has called them and told them they need to return my deposit. Anyone have any idea of who I might contact in Florida to put some pressure on these people? The agent has been as helpful as he can. He's tried three way calling but they won't answer the phone anymore.

 

[NeedaVacation03]

I dont have anything to offer only and hope that things work out for you. Please keep us posted and I hope some DIS has some expert advice for you. Good Luck

 

[CoralCayTownhome]

Darcy that is dreadful - sorry things have gone so bad for you

I hope you get sorted out soon.

 

[Lisa BC]

My goodness! That's just terrible.

Did you happen to take out trip insurance? Maybe you can start a claim with them.

The owners have given the agent the run around, and have hung up on you, so I would start looking at some legal recourse.

Did you sign a rental agreement or have anything in writing from them? If you did, you certainly have some legal recourse. If you threaten breech of contract I bet that they will return the deposit right away.

Good luck!

Lisa

 

[Darcy03231]

No trip insurance and I did sign a rental contract. The problem with taking legal action is that I'll end up spending more than my security deposit was. I'm in NH, the owners are in NY and the property is in FL. I work for an attorney and I'm going to have him send a letter to the owners demanding my money back.

I'm also going to file a complaint with the Attorney General and cc the owners on it and hopefully that will get a reaction. I'm just really upset with them. I had to rent another home which cost me more money and then to not return the security deposit has really got me steamed.

I spoke with their agent again tonight and I'm not the only one that they're doing this to. I feel really bad for him as he's answering all the calls and emails and taking the heat for it when its really not his fault. He's the one that suggested I file something with the Attorney General.

If anyone has any other suggestions please let me know. I really don't want to let them get away with this!

 

[maggiew]

Did they already cash the check?? If not, why don't you just put a stop payment on the check? It might cost you $15, but I imagine it would be worth it.

Maggie

 

[utahkennedys]

The demand letter from your attorney's office is a good idea, make sure he includes that you will also be entitled to attorney's fees and collection costs should it proceed to collection -- this usually scares the common person, lol!

 

[BlueBayou]

I would check the websites of the TV stations in the area.

If there is one that has staff doing consumer issues - I would email them with the information. These type of stories may not even make air - but if the station keeps a running total of how many dollars they have helped return to viewers - the money gets added in.

Sometimes it just takes a call from a TV station or a newspaper to get money back.

 

[rosiep]

Please keep us posted. I must say I'm impressed with your calm attitude. I hope it gets resolved soon and that you have a great vacation!

 

[JANNYANS]

I am so sorry you are having to go through this.It dies the RBO business no good at all and I hope it is all sorted soon.
You may find the the threat of court action alone is enough to make the owners return your money and the letter from your employer will certainly help.
Although it may not help you directly -contacting the site you found the home on and informing the owners what has happened may well stop others being caught.

I don't know how the system works in the US but here in UK we have a small claims court that is a cheap way of taking someone to court.NY has one -as does NH so it may be worth looking at going down this route if the letter doesn't work .The fees are not that big so you may not be out of pocket.I don't know where you would need to file so here are both websites.

http://www.courts.state.ny.us/courts/nyc/smallclaims/index.shtml

http://www.courts.state.nh.us/district/claims.htm


I hope you get this settled -let us know how it goes.

 

[Mainebound]

We had to fight to get a secruity deposit back when we lived in Florida from the company that owned our rented condo, and the Fla. attorney general's office was GREAT. Also, we filed with the BBB. Got our money back quickly. Even threatening to get those two parties on board should hopefully be enough to scare the owners into paying you your money!


Good luck!

 

[Darcy03231]

Well, I got a call from the agent who finally got in touch with the owners. They told him they would mail my security deposit to me this week. I'm not sure what he said to them, but whatever it was I hope it seemed to have worked. I'll update as soon as I receive it.

 

[paladin]

 

[deejay-55]

You have been most unfortunate, most rentals with owners go smoothly. You might want to let the Better Business Bureau know?

 

[disneymom3]

I am glad they talked to the rental agent. Hopefully it is not a stall tactic and you will get the money soon. I'm also glad that you found somewhere else to stay and hope you have a really great trip!

 

[CarolA]

I hate to say this, but I would file a complaint with the BBB involving the agent. IMHO if the agent is "representing" himself as dealing with the unit then he should be 'escrowing' the security deposit. There are laws surrounding this as I am sure your attorney has told you and they have been violated. Now I agree it's hard to go after the "owner", but if the agent is holding himself out as the licensed rep then HE has to make sure of compliance with these laws. This guy gets paid for what????? NADA?????

 

[CoralCayTownhome]

Well, I got a call from the agent who finally got in touch with the owners. They told him they would mail my security deposit to me this week. I'm not sure what he said to them, but whatever it was I hope it seemed to have worked. I'll update as soon as I receive it.

That's great they are actually talking to someone. Hope it all goes smoothly and you get your check back. Good luck

 

[crazy canuck]

This is something that bothers me when renting directly with the owner. I usally do the deposit via a credit card with the management company directly. Maybe it is a false sense of security!! Good Luck with the deposit

 

[5mins2disney]

This is something that bothers me when renting directly with the owner. I usally do the deposit via a credit card with the management company directly. Maybe it is a false sense of security!! Good Luck with the deposit

It's not false at all.... Visa / most credit card companies will allow cardholders to file a dispute on charges, then it becomes the merchant's responsibility to provide documentation to prove the charges are valid, otherwise a chargeback process occurs. I work for a credit card processing company in "real" life, you definitely get more protection going this route than you would using a personal check. The downside for homeowners or MCs is the additional surcharges the processors impose (of course that's what pays my paycheck! hehe), so some won't take them.

The other thing you can do to protect yourself is buy trip insurance.

 

[pilgrimage]

I'd send a letter, certified, to the agent and owner confirming the agreement
and a time line and give them 10 days for you to receive the deposit
or threaten legal action. The phone calls cannot be proven in small
claims court. Good luck. Sorry you're dealing with dishonest people.