Legal Question in Landlord & Tenant Law in Florida

My ex-landlord has accused us of being slobs and has threatened to replace the carpeting and charge me. There is nothing wrong except some normal wear. No worse than before we moved in. Also, we had to leave because he's being foreclosed on. He took our rent for a year and a half and never paid anything on his mortgage. I want my $500 deposit back. But also, is there anyway of getting some of the rent back, for pain and suffering in the move again. We had planned on living there forever. We are older people( 68 & 65) and this move took alot out of us. My wife even ended up in the hospital. We can only afford a lawyer that would work on a the basis of getting paid from moneys received from the landlord.


Asked on 8/11/09, 3:43 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

1. It is subjective whether the carpet has more than normal wear and tear. Be sure to take pictures of the condition of the entire premesis, including carpet, when leaving the property.

2. Whether your LL paid his mortgage is his business, even though it affects whether you can remain in the property.

3. Whether your deposit will be returned is subject to many facts, including the carpet issue.

4. You will not receive any return of rent (unless you paid it in advance), and you will NOT receive any pain and suffering damages.

5. No lawyer will take a landlord-tenant case of this type on contingency. If you feel you are entitled to relief, you can file a landlord-tenant case in small claims court in the county whether the property is located. If you may financially qualify for free legal assistance, please see a directory of free legal clinics at www.flabar.org under "public information."

Good luck.

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Answered on 8/12/09, 8:54 am


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