Legal Question in Real Estate Law in Florida

Additional Security Deposit Claims

I receitnyl purchased a house. My lease stipulated that that early termination was subject to providing 60 days notice as well as payment of one additional months rent as penalty for early termination. Also forfeited was my security deposit. Within 2 weeks of vacation I received notice that the property management was filing a claim of $50 for carpet cleaning above and beyond the forfeiture of my security deposit per Florida statue 83.49. Is this usual, customary and reasonable in Florida? The apartment was occupied for 10 months and returned in excellent condition. Should not any funds in my security deposit have covered the $50 they are claiming for carpet cleaning?


Asked on 12/26/01, 3:53 pm

1 Answer from Attorneys

Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Additional Security Deposit Claims

Not necessarily, although without reading your lease, I cannot give you any concrete guidance. If the penalty or cancellation fee to cancel the lease is one month's rent plus the security deposit, then it seems that any expense associated with repair or cleaning of the apartment would be in addition to the security deposit. I would not hire a lawyer over a $50.00 dispute, so maybe the landlord will forget about pursuing the fee, but maybe not. Either way, I do not recommend you spend hundreds or possibly thousands of dollars in the hopes of saving $50.00. It does not make any sense. Good luck.

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Answered on 12/26/01, 5:54 pm


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