I moved, gave proper notice, cleaned the place, and thought I was going to get my deposit back...?

Question

I need to know my rights in Florida as a renter. My previous landlord is now saying I owe for unspecified damages and is not giving back my security deposit. I received a certified letter and now I have 15 days to dispute the charges, I will also ask for an itemized list of expenses. Any advise on what I can say, or what I can do would be appreciated.

Answer 1

Here is the applicable law for Florida, from Title VI, Chapter 83, Section 83.49 at

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=Ch0083/SEC49.HTM&Title=-%3E2005-%3ECh0083-%3ESection%2049#0083.49


"(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) .


If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.

(b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. "


Send a certified letter back to the landlord immediately. In the letter say that you dispute any claims that the landlord may have to the security deposit and that you hereby demand a list of all claimed expenses. Good luck!

Answer 2

It's hard to prove you did not damage something if you've already left the premises. When you get the itemized list of expenses, try to come up with any evidence that the damage does not exist, or that you did not cause the damage. For example, if the landlord is trying to claim you damaged the carpet, try and find a recent picture of the home showing the carpet is not damaged. It doesn't matter if the picture is mostly of your friends; as long as the carpet is visible in the photo, it may help show you did not cause the damages. Also, depending on how long you were in the home, you may get out of the damages or at least a discount on the damages--- for example, carpeting is usually replaced every 5-10 years. If the carpet was not new when you moved in and you were there for 5 years, the landlord will have a hard time showing you are the reason the carpet had to be replaced because it was near the end of its life anyway,

Your first step, though, is getting the itemized list of damages.

Answer 3

Some places call them non returnable deposits. Also alot of places will deduct the cleaning cost automatically even if you cleaned the place your self, you need to deside if the money is more important than your time doing the paperwork. If the money is more important than go to the county and do the paper work to get your money back. I'm from Florida and I have rented, I usually stayed in the placed and lived out my deposit. In my case my deposit equalled one months rent. I also cleaned the place my self and informed the landlord of what day I was leaving. They still clean it, and I didn't have to worry if I would get my money back. In florida you do have rights. you just have to look for them. And no one makes it easy.

Answer 4

Just that you are disputing the unspecified damages and you have proof that you in all rights deseve your deposit back. This sounds like a landlord scam , and that maybe they are counting on you to not bother with it. It's your right to fight and they have to disclose what their said "damages" are if you take them to court, otherwise you will win.

Answer 5

All three answerers above gave good advice. Whether you get any funds back (or not), you have just paid tuition to learn what to do the next time. By this time you have a new rental. Well read carefully your new rental agreement to see what you have commited yourself to again, and maybe, how it can be changed.
Experience (especially a bad one), is a great educator.
Good luck