Legal Question in Landlord & Tenant Law in Florida

I was a landlord to a tenant that moved out June 30th 2012. She sent me a certified letter saying she would call me to arrange for a walk through before she moved-for return of her 500.00 security deposit. She never called me for the walk through. And when I did go up to the property. I found she had left a huge pile of mulch she had delivered to center front yard-for me to take care of. I never wrote her a letter stating she would not be receiving any of her security back. Till she called 3 months later. And left a VM saying she gave me plenty of time for return of her deposit. I then wrote her a detailed letter explaining that no security would be returned due to the fact I had to spend 5 trips up to this property spending hours each time -digging mulch that was deposited by her 1 year prior. Mulch that had by that time been packed down by countless rain. And had now had grass growing in and on top of. I had to purchase a pitchfork to get through the packed mess. Borrow a wheel barrow and metal rake and shovel. For work she left for me. I dumped in a course of 4 days 45 wheel barrows full of mulch. It was grueling hard physical labor, I had to do in the blazing hot sun. Lastly, I told her I also had to spend the 5th trip mopping floors she did not leave the way they were to begin with. And sweep up dog hair and dirt in the garage and closets. She still expects her 500.00 security. And is now threatening small claims court. I can't believe she even expected any return of her $ after this front yard mess. Is it probable she will win this case simply on the grounds that I did not get back to her in the 30 days the law states for advising why her security would be forfeited?


Asked on 10/03/12, 10:49 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

1. Your failure to impose your lien on the security deposit means you lose to her if she files a small claims suit.

2. However, if you have actual expenses associated with her having left property inappropriately, and i dont mean your labor costs, you have a right to sue her for those charges which would have come from the security had you properly imposed the lien.

3. next time send the letter imposing the lien within 30 days, certified and dont wait for return phone calls.

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Answered on 10/04/12, 1:51 am


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