Legal Question in Real Estate Law in Florida

Deposit tenant

Our tenant ended his lease after 3 years and said he left the house in move in condition. We live in california and it so happened to be that I had a change to take of work to check out our properties after 3 years. Arriving at our property, we found that the house was left in such a condition where we had to clean and made repairs beyond regular move out of tenants. First of all we found out that he was keeping a pet which is against the rules and that the carpet was in such bad shape, deep stains, pieces missing and crayon marks, that the carpet cleaner advised us that it is impossible to clean it. Instead he has to dye it 2 tints darker to cover the stains. The walls were covered with crayon marks and a screen door was broken. On top of that the garage was still packed with junk he did not get rid of. We deducted the expenses from his depsosit and now he is threatening to take it to small claims. Unfortunately he is a lawyer in that town and he knows what to do. Is there anything we can do to prevent going to small claims court?


Asked on 11/21/02, 11:24 am

3 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Deposit tenant

Under the circumstances that you have explained your best bet is to retain local counsel, and produce all the relevant documents for their review. Those would include the bills, lease agreement, and any notices sent to or from the tenant and landlord. If you require my assistance you may contact the undersigned for a free consultation. Best of luck,

Randall L. Gilbert

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Answered on 11/21/02, 1:12 pm
Laurie Anton Laurie H. Anton, Esquire

Re: Deposit tenant

Dear Landlord:

You have not specified where the property is located in Florida. You will most likely want to hire counsel where the property is located. We have an extensive Real Estate Department and are located in S.W. Florida.

L. Anton (239) 334-4121

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Answered on 11/21/02, 2:10 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Deposit tenant

I think you will be best examining your properties when the tenant moves out. After three years of not seeing the property, do you really believe you can establish the cause of your damages? Chalk this up as an educational experience. It makes no impact that the rotten tenant is an attorney. If you want, file a complaint with the local Bar Association.

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Answered on 11/25/02, 1:55 pm


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