Legal Question in Landlord & Tenant Law in Florida

In Florida, after moving out, my old Apartment complex sent me a charge to replace the carpets and pad upstairs and a water utility bill they payed and we needed to pay them back. I had sent a certified letter back to them stating, the carpet and pad were ruined due to the washer overflowing and flowing through the 2nd floor and running ceiling, they didnt move us but kept us in the unit for a few days before anyone came out to extract or clean the carpets, the washer and dryer(which was full of dirt and mud) were not replaced for approx 14 days, leaving us to go elsewhere for laundry. during the days of tracking wet detergent and softner throughthe house it gave t a blue gray tint. after the carpet was cleaned the carpet pad kept bleeding back up to show in the carpet.

and I denied owing them money for carpet, and demanded my deposit back.

I received NO REsPONSE, until 6 months later receiving a letter from a collection agency giving 30 days to respond after receiving their letter or pay. On day 26, I wrote them telling them I did not owe the money for the carpet and denied the amount owed. Then found out they immediately reported me to the credit bureaus when they received the account from the apartment complex. is this legal ??

What can I do to to get the apartment complex to remove me from collections if i wasnt the cause of the carpet damage?

Can I send a collection agency after them for my deposit back?


Asked on 1/27/13, 7:45 am

2 Answers from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

Yes it is legal. You can append your position to your credit report but you likely cannot get it removed unless you want to sue them. You can atempt to have anyone you want collect back your security deposit. Not likely a collection agency will take the claim you reference.

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Answered on 1/27/13, 9:39 am
Lucreita Becude Lucreita D. Becude, P.A.

File a small claims action against the complex, list your counterclaim as removal of collection shown on credit report. If I can be of assistance, please contact my office for an appointment 904-997-1031

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Answered on 1/28/13, 4:58 am


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