Legal Question in Landlord & Tenant Law in Florida
I rented a house for 2 years, of which only the first year was covered by a lease. I paid a $1900.00 deposit of which $300 was non-refundable for a pet. I gave my landlord a verbal 30-day notice by telephone followed by a letter approximately a week later, and provided my landlord verbally of my new address, and had my mail forwarded to my new address with the post office. I gave the property management company receptionist my new address in writing. Had a walk thru inspection with the owner prior to move out where the owner stated that he didn't have any issues with the condition of the house other than a scratch on the vinyl wood floor in one of the rooms (which we then repaired) and an out of balance old ceiling fan (which I considered to be normal wear and tear since the fan was at least 20 years old). We left the house extremely clean and utilized a move-out checklist that was provided by the owner. We never hung any pictures on any walls to avoid having nail holes that needed to be filled and painted when we vacated. 90 days after I vacated the house, I received a letter in the mail with an itemized list of "repairs" that I was having deducted out of my deposit. Carpet cleaning (carpet was only in the 3 bedrooms, 2 of which were not used therefore the carpet was in the same condition as move in with no stains or signs of wear), exterior paint and pressure washing, pest control, repairs for things that landlord had agreed to repair months earlier such as garage door opener, general cleaning, etc. I only received $158.00. Since he never sent me notice within 30 days of his intent to keep most of the deposit, am I entitled to all of it back? Also, aren't the things I was charged for considered to be normal wear and tear?
2 Answers from Attorneys
Your former landlord cannot keep your deposit since he did not follow Florida Statute rules for keeping a deposit. You need to see an attorney to help you with this, or you can look up the Florida Statutes Landlord/Tenant rules for instructions.
send him a nice letter stating that he did not follow the Florida Statute under Landlord - Tenant Rules, Therefore if he does not refund the entire deposit less the pet fee, you will proceed to take him court. Tell him He has 15 days to return the funds.