Legal Question in Landlord & Tenant Law in Florida

Landlord-Tenant Issue

I was in the process on moving out my apartment, which my leased ended on 7/31/2010 which was a Saturday. I and others finish and clean the entire apartment that night and continuing Sunday afternoon, since we knew they wouldn't be open till Monday to turn in the keys. This month I received outstanding charges and fees against my security deposit, along with some pictures which was dated 7/31/2010, with no time dated, but clearly its during the day time and I wasn't home. The Landlord claim is that they hired a company to clean up, and I doubt they would speak in my favor. Also, unfortunately I didn't take any pictures, because I have never been in this situation. My argument is why if my Lease ends on 7/31/2010, they can justify my apartment as not being clean and damage, rather than the next day on the 8/1. They might as well came on the 7/30. Also there is nothing in our lease which states otherwise. Do I have legal grounds in this matter?


Asked on 9/29/10, 7:36 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Yes, you have legal grounds. Your landlord can only keep part of your damage deposit if you agree in writing that there is damage and the amount, or if the landlord gets a court order. You will have an opportunity to tell the court your side of the story, and bring your witnesses that helped you to clean to testify as to the condition. The court will decide whose story is the most credible. The property was to be left in good/clean condition at the termination of your lease, whatever date was stated as the last day of your tenancy. If you lease states termination on July 31, then at 11:59 PM on July 31, unless some other time is stated. If there is a substantial amount of money involved you may want to see a lawyer before you go to court.

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Answered on 10/05/10, 5:42 am


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