Legal Question in Landlord & Tenant Law in Florida
Apartment Complex charging me 1600?
I lived in apt for 2 years, i got married broke lease. They said i was entitled to deposit pending inspection. I paid 700 to break lease. I get a bill 1 month later for 1600 (that includes credit for my deposit). 1000 is for new carpets even though they were damaged when I moved in. The rest varies from pet deposit, damages (that I had put work orders in for and they never fixed) and moving some things out. My deposit should cover what I feel req for but can they even charge 1000 for cheap carpet that was already stained (with candlewax) when I moved in? What should I do?
1 Answer from Attorneys
Re: Apartment Complex charging me 1600?
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Florida Statutes 83.49 says that any claim against your security deposit must be made:
(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or 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.
The notice must be in the statutory form as required by law. If the landlord fails to follow this procedure, then the deposit must be returned to the tenant. The landlord can still file a claim but cannot deduct the amounts from your deposit. If the landlord failed to give you the proper notice as above, then you need to demand the return of your deposit. If you need to hire an attorney to enforce this statute, the landlord will be responsible for your attorney's fees and court costs if you win in court.
Scott R. Jay, Esq.