Legal Question in Landlord & Tenant Law in Florida

Rented Miami vacation rental for 2 months listed with balcony and ocean view. Building under noisy construction, no balcony and view blocked by scaffolding. When I complained they offered me black shades for windows so workers could not see inside! I advised them I could not stay there and found another place with more than 10 days notice but they did not refund balance of 1 month and 10 days rent and only returned deposit. I am from NJ and their corporation is in NY, listing in FL Also agent and owner knowingly deceived me. What is best way to get my money back?

Asked on 2/26/13, 3:27 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Sue in Small Claims Court in NY.

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Answered on 2/26/13, 4:43 am
Lucreita Becude Lucreita D. Becude, P.A.

Either way - the tort occurred in Florida -= you can sue there or NY.

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Answered on 2/26/13, 5:32 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Send a demand letter saying that performance of the contract was impossible in light of the construction and demand return of your balance paid. Your contract actually controls so you should have an attorney review it. You can likely sue in NY NJ or Florida and you can pick the forum. They get to argue against it once they are parties to the litigation.

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Answered on 2/26/13, 8:03 am

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