BH Management Services, LLC manages residential real estate, in Florida as well as elsewhere. One of its duties is the collection and handling of tenants’ security deposits, but the complaint alleges that BH Management does not comply with Florida law when it does not return entire deposits or charges tenants additional amounts for damage after they move out.
The Collection Letter Class for this action is all persons in Florida who received a Collection Letter and Move Out Statement from BH Management, in substantially the same form as Exhibits B and C in this case, and had any portion of their security deposit retained, between January 27, 2018 and the approving of the Class Notice in this case.
The complaint quotes Florida law as requiring that, if a landlord wants to deduct all or a portion of a deposit after a tenant moves out, “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.” It sets forth wording for this claim and gives the tenant fifteen days in which to dispute the claim in writing.
In this case, the plaintiff, Douglas Chiodini had a $400 deposit on an apartment managed by BH Management. After he moved out, the complaint alleges that the company wanted to charge him for final water and sewer bills, move out and service fees, and damage to the carpet, venetian blinds, and miniblinds. The total amount, the complaint claims, consumed his entire $400 deposit and left another $402.32, for which BH Management billed him.
However, as reproduced in the complaint, the company’s Collection Letter did not explain the charges or give him notice of the fifteen days to object. Instead, the complaint quotes it as stating, “Your final account balance is $402.32” and “Payment is due upon receipt of this letter or within thirty (30) days of move-out.”
The complaint alleges that the Move Out Statement BH Management sent with the Collection Letter reveals that the company “prematurely took possession” of the security deposit, deducting the water, sewer, move-out, and service charges on the day his lease expired, July 18, 2022, then deducted the rest of the charges later than same day, before Chiodini had even been given notice of the charges. The complaint alleges that the company routinely makes such deductions before tenants have the chance to object to them.
The complaint quotes Florida law as saying, “If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the Security Deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.”
The complaint thus claims that BH Management must return Chiodini’s full security deposit and may only seek the charges by filing an action to ask for them.
Article Type: LawsuitTopic: Real Estate
Most Recent Case Event
BH Management Process for Charging of Security Deposits Florida Complaint
January 27, 2023
BH Management Services, LLC manages residential real estate, in Florida as well as elsewhere. One of its duties is the collection and handling of tenants’ security deposits, but the complaint alleges that BH Management does not comply with Florida law when it does not return entire deposits or charges tenants additional amounts for damage after they move out.
BH Management Process for Charging of Security Deposits Florida ComplaintCase Event History
BH Management Process for Charging of Security Deposits Florida Complaint
January 27, 2023
BH Management Services, LLC manages residential real estate, in Florida as well as elsewhere. One of its duties is the collection and handling of tenants’ security deposits, but the complaint alleges that BH Management does not comply with Florida law when it does not return entire deposits or charges tenants additional amounts for damage after they move out.
BH Management Process for Charging of Security Deposits Florida Complaint