Legal Question in Real Estate Law in Florida
During my year lease in a rental property, my girlfriend would frequently spend the night for 2 days (sometimes 3 if it was a long weekend). Per my lease agreement she could not be there for 7 consecutive days and she never violated that. Now a year later while trying to get my security deposit back he is trying to charge me $125 in attorney fees for having a Letter of 7-day notice of cure drafted in regards to her being over there. I never received any kind of notice in writing and the only thing he did was ask if she was staying there and harassed her as to why she would stay the night if she had her own place to live. Does he have the right to charge me for these legal fees? Also, one time I was late by a day on my rent. I apologized to him and he said that it was no problem and charged me a late fee which I gladly paid and nothing else was ever said regarding that. However, now he is subtracting an additional $125 from my security deposit for having a letter of 3-day Notice prepared. Is that also something he can legally charge me for?
2 Answers from Attorneys
Unless he has paid bills, no.
The security deposit is typically for damages to the unit not for his legal fees even if they are chargeable. Your lease agreement needs to be reviewed to see if those charges are collectible in that fashion. The real problem is that the charges dont justify the filing of a lawsuit to collect them back.even if the attorney's fee claim exists for return of the secuirty deposit.