Unlicensed Activity or No License Required?

[Kraftweit4]

I had a disagreement with a "property manager" over returning a deposit on a single family home I rented for a week. There was no damage at all, which she admits to. It was simply a matter of having an extra person stay in the house over the week. When I stated I would file a complaint against her license with DBPR she brushed it off completely. Turns out she doesn't have a license of any kind although she leases single family homes that are not her own, and she does this for compensation. Her only other employee doesn't have a license either. Does anyone know if she needs a sales license or is she somehow exempt? Thanks.

 

[CANative]

Just did a quick search using Google

Property Management requirements in Florida

Must Florida property managers have a real estate broker's license?

A property manager needs a sales or broker license if the compensation is paid by commission, and handling rentals and leases for others, not personally owned properties. There is not a "Property Manager" license or certificate. Also, certain rental properties need a license through the Div. of Hotels and Restaurants.

http://www.allpropertymanagement.com/propertylaw/property-management-law-in-florida.html

Just a question: How much is it to have an extra person and how much is the security deposit? It seems like she owes you and you owe her.

 

[The Warrior Monk]

A property manager needs a sales or broker license if the compensation is paid by commission, and handling rentals and leases for others, not personally owned properties.

State law varies, but there is usually an exception made for employees of the owner/company selling the owner/company's property. There may also be a distinction made with the type of compensation; salary vs. commission.

There are typically additional exceptions, likely not applicable here. Examples include attorneys with no sales associates, those designated by law to dispose of properties (sheriff, executor, etc.), etc.

 

[Kraftweit4]

With a real estate background I feel as though I am entitled to the usage of the home for the lease term, as long as there is no damage, illegal activity, etc. In my homes it is common for a friend to come with an air-matress, rearrange some furniture and stay a night or two. She claims that she tailored the lease per person. The deposit is $300 but it's not about the money, it's simply a matter of principle. I feel as though she is trying to just pocket the money and probably does this any opportunity she gets. I don't believe I owe her for having one more person stay or two or three for that matter. Am I wrong on this one?

 

[Kraftweit4]

I veered off course here a bit. I'm more interested in whether she needs a license in this case. Thank you.