Legal Question in Landlord & Tenant Law in Florida
We have recently moved out of a property that we rented for five years. The landlord has now sent us a, "Move Out and Settlement Statement" listing his claim to the entire security deposit ($2,595) plus an additional $6K of claims for repairs etc. I believe that he is trying to take advantage. Any wear and tear to the property was, in my opinion, reasonable use and may of the things he mentioned were old/damaged when we moved in (i.e. he wants us to pay for all new carpets, but they were already old when we moved in). The landlord says that we have 15 days to respond in writing (according to Section 83.49 (3) of the Florida Statutes or accept this settlement by default. I need to know how we should respond.
2 Answers from Attorneys
Hope you took photos showing no damage. To oppose his claim for security you must file a written objection (stating your reasons) with the LL per the statute. No doubt he will then institute a lawsuit.
File written objections to all items which you believe are inaccurate. Consider hiring an attorney to file suit to collect the entire deposit and be prepared for the counterfeit for the 6000 plus in damages.
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