I was wondering if someone could help me find out more on tenant and landlord laws in the state of Florida?

Question

I have a friend that just brought a house, before this he was living in an appartment in Jacksonville, Fl. I know that he gave more then enough notice and left the appartment clean. He had some issues with the landlord, such as people messing with his boat, almost couldn't get repairs done and had to deal with loud neighbors. Now the landlord is not returning the deposit and telling him he owes another 700.00. The landlord did a walk through without my friend present. What should he do, and is it the tenant that is to clean the outside parking area, which he told me looks the same as all the rest. I don't know what to tell him, so if anyone can tell me, I will appreciate any answers. Thank You.

Answer 1

your Friend will have to file in small claims court in the county where the rental was located, hopefully your Friend has documentation how they left the place in order to fight what the landlord claims is damaged

Answer 2

Depends upon the language of your lease. Under Fla. law a landlord (LL) must notify the tenant in writing within 15 days AFTER termination of the lease if he seeks to make a claim on the security deposit. But tenants do not have the right to "live out" the security deposit by not paying the last month's rent. The LL does have the right to enter to preserve property and cure health or safety violations if notified. Generally he can bill the tenant for any expenses of cure. This can all be varied by the lease language. So, as long as you pay your rent -- including the last month rent -- the LL has 15 days to return your deposit or notify you of his claim against it. If you dispute his claim you can resort to the small claims court in the county where the rental is located.

Answer 3

Fortunately, all states are now so technically advanced on the internet. You'll find your answer at www.floridaonlawonline.net/const.html
If you don't find your answer there, call a title company, real estate agent, or go to the library. Good luck!

If I were in your friend's place, I would go to small claims court and get my money back. The landlord has liabilities and as such is required to keep insurance just for renters who sue. If he doesn't he could have to payout a great deal of money. Your friend could face not only the loss of his deposit, but also bad credit if he choses to passively let this go. Tell him to take action! Also, find out if your friend filed a police report on the illegal activities with his property, he might have that going against him.

The landlord is not required to have your friend walk through on determining the cost of the deposit return. He is, however responsible to give your friend a detailed cost report for any repairs that were needed, even cleaning service.

Answer 4

I don't know how investigative you are but there are law libraries that are in our courthouses. Recently ours moved away from the court house though. I would call the clerk of court's office and asked where there is a law library. The person who works the law library can guide you to the statute about landlord/tenant issues.

If I were you friend, though, I would see legal advice from an attorney.

Also have you read his lease agreement that he had with the landlord?

Good Luck!!

Answer 5

Unfortunately he will have to sue. However, in the state of Florida, the tenant is automatically awarded reasonable attorney's fees for this type of litigation. So, if your friend should win, he will receive the $700.00 plus all attorney's fees in the same judgment (they are usually separate). If you live in a metropolitan area you will probably find an attorney that specializes in rental law. I'm a landlord in Florida.

Answer 6

Maybe the city government can help. I have provided a website./

Answer 7

Tell your "Friend" to read his lease then read this:

http://www.megalaw.com/fl/top/fllandlord.php

Answer 8

look up renters policy on the internet thats what i do