Secuity Deposit Conundrum

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Chloraseptic

Senior member
Jan 4, 2001
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So, moved out of my last place, and within 30 days they sent us a letter detailing what was being withheld. Out of the 4 or so claims, we wrote back within 15 days disputing 1 of the claims ($197.50 for carpet cleaning). We had the carpets cleaned etc, and have documentation showing that stains were there previously.

Got a letter today saying not only is their 197.50 claim valid as our carpet cleaner didn't do a good enough job, but they're trying to tack on another 300 to replace carpet in one of the rooms.

Can they, after the fact, request even more money?

This in FLA btw...
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
145
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www.neftastic.com
Yeah pretty much. If you've already got your security deposit back, tell them to jack off.

Nice thing about leases... don't EVER expect your security deposit back. Though you should have already had your money SENT to you within 30 days.

Talk to a lawyer if you think it's worth it to you (seriously, it's a contract, you need a lawyer to look it over). Otherwise cut your losses and move on.

The definition of "security deposit" is "Free money to do upgrades after the tenant leaves."
 

BoomerD

No Lifer
Feb 26, 2006
63,354
11,725
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I'm always amazed at how few people here seem to have heard about this new-fangled invention called "The Internet."

http://www.800helpfla.com/landlord_text.html

"Section 83.49, F. S.
A landlord has the discretion to collect various deposits as well as some rent in advance. These advance payments generally vary in range. You should be careful about making any deposit unless a definite decision has been made to move into the unit. A tenant who puts down a deposit but then decides not to occupy the unit, MAY NOT be entitled to a refund. If a deposit is non-refundable it should be stated in the rental agreement.

A damage deposit is the most common requirement of landlords. At the time of the pre-rental walk-through with the landlord, you should make note of damaged items or areas, worn rugs, broken fixtures, etc. and give a copy to the landlord. Keep a copy for your files, which may help eliminate or minimize disputes later.

When you move out, the landlord must either return your deposit within 15 days of termination of the rental agreement, if the landlord does not intend to impose a claim upon the security deposit; or justify in writing by certified mail, to the tenant's last known mailing address within 30-days upon termination of a rental agreement, as to why they are keeping a portion of or all of the deposit. If the notice is not sent as required within the 30-day period, the landlord forfeits his/her right to impose a claim upon the deposit, unless you fail to give proper notice prior to vacating.

Section 83.49, 3(b)(c), F. S.
Unless you object 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 you within 30 days after the date of the notice of intention to impose a claim for damages. If you object to the landlord’s claim you may file a complaint with the Department of Agriculture and Consumer Services or institute an action in a court of competent jurisdiction to adjudicate the landlord’s right to the security deposit. "

Also, the landlord MAY owe you interest on the deposit...

Here is the full Florida statute on deposits:
http://www.leg.state.fl.us/Statutes...ing=&URL=0000-0099/0083/Sections/0083.49.html
 

Chloraseptic

Senior member
Jan 4, 2001
256
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They sent a check with the first letter, however, I have no cashed it yet.

I don't like legal jargon, and was just looking to see if they could impose another claim after the fact.
 

SunnyD

Belgian Waffler
Jan 2, 2001
32,674
145
106
www.neftastic.com
They sent a check with the first letter, however, I have no cashed it yet.

I don't like legal jargon, and was just looking to see if they could impose another claim after the fact.

What Boomer posted... if the notice of the carpet replacement was after 30 days, the landlord can suck it. Deposit the check, cut your losses and move on.
 

Balt

Lifer
Mar 12, 2000
12,674
482
126
The definition of "security deposit" is "Free money to do upgrades after the tenant leaves."

Exactly. That's pretty much the way things go, in my experience. I left my last place with every single nook and cranny spotless and MUCH cleaner than it was when I moved in, still got hit with a 'cleaning' fee. They also charged a carpet cleaning fee, but that was in the contract so it was expected.

Oh and it took them almost 90 days to mail the check (after I gave them a polite reminder). :|
 
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