Legal Question in Real Estate Law in Florida
What legal deductions can the landlord keep from my security deposit?
What legal ded. can the LL take from my dep.? I pd a clning serv. $125 to cln the apt. & carpet clners ($45)along with giving proper notice to leave on good terms. I have now recved notice from LL that I owe $705 less my dep. The apt was cln - I have video. I agree sm. cosmetic repairs are my resp.but beyond that I feel everything was left in good repair. LL is charging me $56 for his photos of the apt???(I assume to prove its undesirable state?) Reprman $15/hr: 1-1/2 hrs. to remove a ceiling fan I installed and left intact; 2 hrs. to clean refrid.?(this was clned); 1-2 hrs. to repaint lndry rm flr (6' x 12'in size) Needed to be repainted because wtr hter leaked & cause tool box to stain flr with rust before discovered. The list cont.Who decideds what is cln. I felt the apt was very cln, I also asked for a list from LL as well as a meeting and he sent a vague list and told me he would make a complete list after I had moved out. If I decided to let him keep my dep...can he place any type of judgement against me for the balance. Help I was a model tenant of the same complex for a total of 5 years.There has to be some law agnst fabricated/inflated chrgs to keep my dep.
1 Answer from Attorneys
Security Deposit Deductions
FACTS: I pd a clning serv. to cln the apt. & carpet clners; gave proper notice to leave. Recved notice from LL that owe $705 over dep.; have video showing cond. apt. Agree to pay for sm. cosmetic repairs; LL is charging me $56 for his photos of the apt? Reprman $15/hr: 1-1/2 hrs. to remove a ceiling fan I installed and left intact; 2 hrs. to clean refrid.; 1-2 hrs. to repaint lndry rm flr. Needed to be repainted because wtr hter leaked & cause tool box to stain flr with rust.
Q. What legal ded. can the LL take from my dep.? Who decideds what is cln.? If I decided to let him keep my dep...can he place any type of judgement against me for the balance? Are there laws agnst fabricated/inflated chrgs to keep my dep.?
A. A Landlord may charge for damage beyond "Normal Wear and Tear". You must leave the apt. in "Broom Clean Condition". Ultimately the Judge decides what is excessive or normal wear and tear and what is clean or not. Whoever prevails in that lawsuit also gets atty. fees and court costs. If your landlord thought it was worth it and a collectable judgment, your landlord could sue for the extra money that is in dispute. Chapter 83 of the Fl. Statutes governs deposits and there are case decisions that help the judge decide these type disputes.
Show your video to friends and/or a Rental Agent and get their input as to the apt.'s condition. Then decide whether or not to file suit to have the judge decide this matter.
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