Landlord Overcharging for moveout fees? (Florida)?

Question

On Jan 7th i moved out of my apartment to a new complex. Upon moving out we had already given a forwarding address twice. We failed to do a walk through due to only 1 person working in the office (Yes our mistake). Our debit card was used to pull our money out on the due date so figured we would be charged for our remaining bills upon leaving. We happened to show up the next day because we forgot something and they had already started painting (an employee that worked there was painting)

On April 25th we were then contacted by a collection agency. They stated that we owed charges for:

Rent Due: 255.73 (Prorated 8 days)
Late fee: 100
Sewer and h20: 17.24 and 18.73
Cleaning: 250.00
Painting: 220.00
Carpet: 980.00

My first question is:

Is 900sqfeet apartment with the kitchen and bathroom being tiled cost 980 for carpet?

Does it cost 233 and 220 to clean 2 rooms? (kitchen and bathroom since they replaced carpet)

They never sent us a bill until the collection agency did.

When we found out of our new place on december 26th we gave a forwarding address and when they called us a week later we gave it to them again AND they had our co-signers address since the collection agency sent me paperwork WITH our letters of a co-signer.

Is it legal not to send a letter to us?

Late fee? Rent is due on the 5th and we moved out on the 8th. Wouldn't you think they would have ASKED for the rent when we turned in our keys?

Just need some help =(

Answer 1

alot of places in florida try to get away with this . You need to get an attorney . One that specializes in landlord/tenant disputes . Florida is a pit for this . I live in florida and have rented here and no longer have to do so Thank god !!!!
I hope you will consider moving out of florida . We would have moved out of florida had my husband not had such a good job . good luck .

Answer 2

The rent, late fee, and sewer are all valid charges. The cleaning fee may be challenged if you have proof of the condition the apartment was in the day you left it (Photograph or witness).

The carpet and painting would depend on the amount of time you were there. If it was a year or more, these would be considered normal wear and tear and would be the responsibility of the landlord.

Your first error was not doing a walk-through. You should always do a walk-through when moving in or out of any rental (Preferably with photographs). Your second was "Figuring" rather than asking. That alone will cost you the $100.00 late fee.

I would talk to your bank and tell them your card was charged without your approval. If they give you a refund, then immediately write a check for the items I stated for $394.63. To be nice you could add $100.00 for cleaning. That way you paid a reasonable amount for cleaning. Then the landlord would have to take you to court for the rest.They probably would not because those items would be considered normal wear an tear on an apartment and he court would probably not grant it.

Answer 3

Well, let's start with the blanket rule: you should call a landlord/tenant lawyer. Try, for example, Florida Legal Services, which can either represent you or refer you to someone who might. http://www.floridalegal.org/

The reason I say this is because the facts of your case are somewhat complicated. I'll start with the easier questions.

First, yes it can cost $980 to replace the carpet in a 900sf apartment. I was in a 1000sf apartment that cost $1200 to replace. Second, it could easily cost hundreds of dollars to clean and paint an apartment. Let's assume that you left the place in disrepair. The landlord isn't obligated to shop around for weeks to get the absolute lowest price (as you might do if you wanted to get the place cleaned yourself). I've seen cleaning services around $175, so $250 doesn't seem all that high to me.

As to the harder questions: can they hold you liable when they didn't tell you about the debt? First, of all, you are always liable for the rent. So, you have no defense for not paying the rent for the last few days. You did occupy the apartment for those eight days, so you have to pay for them. Even if you were given five days' grace to pay your rent, if you didn't pay after those five days, your rent was late and you can be charged a late fee. The fact that you moved out probably doesn't change anything.

So that's the bad news. The better news is that you may not be on the hook for all of this. A lawyer can help you negotiate with the collection agency. They may reduce the amount you owe. For example, they may waive the late fees, etc. I once knew people who owed $715 after they moved out. They paid the first $315 to the collection agency and they were supposed to pay $100 a month for the last four months to pay off the balance, but (without them even asking) the agency waived the last $400 once the first payment was made.

Good luck! And in addition to calling a tenant's lawyer, try calling a debt collection lawyer as well.

Answer 4

What you need to do is go through every item, and write a letter disputing every part that is wrong, and what is wrong with it.

Certainly charging for square footage that isn't there is illegal, as is not notifying you and penalizing you for them not having someone in the office to do the walk-through. Itemize everything and send it to the property managers, and if that doesn't work, file a complaint with the housing board in your county or state.