Legal Question in Real Estate Law in Florida
taking my landlord to small claims for not returning our deposit. (Florida)
What should I expect, what should I take with me?
- In February, 2008 We signed a month to month lease agreement for an apartment in Florida.
2-We decided to vacate the apartment because part of the stove was in not working condition, and the apartment has a leak in the living room so every time it rained the water came inside the apartment, we called the landlord to let her know about the problems in the apartment and she did not fixed any of them.
2- on May we sent the required notice to terminate the lease agreement ;and we received a letter from the landlord accepting the lease termination.
2-The day the lease ended , we vacated the apartment, and we walked trough with a lady (she had a power of attorney from the Landlord) and she signed a document stating that the apartment was received in good condition, except for the normal wear and tear.
3-One month after we vacated the apartment, we received a check deducting damages for almost five hundred from my more than one thousand security deposit (with a letter stating that she had incurred in extra costs for the short occupancy(?);found carpet stains(?);and damaged pillows(?) I NEVER DAMAGED ANY PROPERTY!!!
1 Answer from Attorneys
Re: taking my landlord to small claims for not returning our deposit. (Florida)
Depending on the county where the claim is filed you may be sent to mediation by the judge before you have your entire case heard. This is not a bad thing so don't get upset about it. It can be favorable.
Things to take with you: Copies of: the lease; the letters regarding termination of the lease; the signed walk through/inspection sheet; the letter explaining the deductions; and anything else you think will be helpful to the judge in deciding your case.
If you had a month-to-month lease your landlord should not be able to claim losses for the length of occupancy. However, the lease agreement may address this specifically. You may want to consult an attorney directly to review the lease and advise of your rights.
Don't forget, in small claims court you are entitled to receive your court costs from the landlord IF you win.
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