Legal Question in Real Estate Law in Florida

Forfeiture of security deposits Fla.

Landlords shouldn't forfeit tenants' deposits for normal wear and tear. What is normal wear and tear is judged on a case by case basis using common sense. Word of caution. You best err on the side of caution in deciding what is damage as the prevailing party on the significant issues will be entitled to reasonable attorneys fees. Your tenants might qualify for legal aid assistance and then you face fees if it goes to court.

A landlord can make the repairs but the judge will decide the reasonable repair costs based on the evidence and the judges own knowledge from handling hundreds of these type cases.

A tenant should leave a rental unit in "broom clean " condition with normal wear and tear.

Rust stains- you should try to remove them by cleaning and only if necessary by replacement of the rug. The cost of professional cleaning is deductible as well as replacement, if necessary.

Nail holes and paint: Depends on the size of the holes and the quality of the paint job. What is to be expected if you were the tenant. Would you hang pictures and there be the same holes? Normal?

More details are needed to give a definitive answer.

Security deposit

You can apply a security deposit to pay forany damages or charges that are provided in the llease and for any damage to your property thatis "beyond reasonable wear and tear." Exactlywhat that means depends upon the judge and jury.Each case is decided on all the facts andcircumstances or each particular case. Unfortunately,personalities often come into play. So in yourcase one judge might find all the things you mentionedwere unreasonable wear and tear and yet anotherjudge might find they were not. To my knowledge therethere is not appellate court opinion decidingwhether a landlord/contractor can charge forhis own time. Most of the judges I have appeared before would not require the tenantsto pay for your time.