Legal Question in Landlord & Tenant Law in Florida

lease on a house I rented expired last Sept '09. Moved out this August '10 with no lease for a year. Landlord upset & wants to keep deposit and angry I didn't clean rug. She wanted keys to place so I moved, cleaned place spotless and gave keys. ( police intervened because she was harrassing me while I was moving, they had her leave until I was moved..no eviction, just moving on my own). While renting they stored cars in backyard, husband kept garage for his wood shop & came over whenever to work in it (using my power), installed hurricane windows,again using my power, kept back gate locked & opened it at their convenience, etc (little privacy)...what are my rights as far as my security deposit and Landlord & husband using yard & garage to their convenience.


Asked on 9/02/10, 7:22 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You are entitled to the refund of your damage deposit unless the landlord has one of two things:

1. Your written agreement as to the cost of the damages claimed by them,

OR

2. A court order awarding them damages claimed by them.

You will need to file a small claims action against them if they have unlawfully retained your damage deposit. The judge will decide who is more credible as to the condition of the property. Do you have photos or witnesses to prove that the place was cleaned? Did you pay all of the rent due, utilities etc? You must have "clean hands" when you go into court. As for the disruptive behavior of the landlords, you could have complained then, but you didn't. You are not likely to be compensated for their rudeness, so stick to the issue of the damage deposit. If your lease required you to clean the carpeting, it is reasonable for the LL to deduct payment for the carpet cleaning. The terms of the lease you both signed will control, because you were essentially renting on an extention of the lease term on a month to month basis, requiring 30 days notice by each party.

Read more
Answered on 9/10/10, 7:16 am


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida