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  1. #1
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    Feb 2013
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    Default How Long Does a Landlord Have to Sue for Damages to a Rental Property

    My question involves landlord-tenant law in the State of: florida

    I had rented a unit in a duplex for 8 years. When I gave notice to move out they tryed to get me to stay as I was a great tenant. Gave them 2mths advance notice and every two week updates with an exact date.
    The landlord and his wife refused on two occasions my request to do a walk through and I am sorry now that I didnot insist. I mean I got to know them very well over 8 years. They even help care for my cat when I was in hospital.
    Now I only recvieved one call from the wife about painting the hallway and told her that it was done but I was not repainting the whole unit and became upset with her for even bringing it up again. My request for my security deposit went unanwsered, even by certified mail so after saving up the money for fees finally took them to small claim court for my deposit and 3 days paid rental refund.
    Now they have an attorney who filed an anwser denied charges, and is countersuing for $2000.00 and attorney costsfor alleged damages to unit. Is this legal? I thought they had to refund my deposit or tell me in 30days by certified mail if they were holding it for damages or return it to me otherwise they lost their right to claim it for damages.

  2. #2

    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    It is not unusual that when one is sued, they will countersue. After all, what have they got to lose doing so? Nothing is stopping them from doing so. This doesn't mean they will win this countersuit. You would need to point out (in court) the security deposit law in Florida that states because they have failed to provide you information regarding your security deposit within the required time frame, they have lost their right to claim damages.

    Gail

  3. #3
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    The statute of limitations for damage to property is normally four years.
    Quote Quoting jack1234
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    Now they have an attorney who filed an answer denied charges, and is countersuing for $2000.00 and attorney costs for alleged damages to unit. Is this legal?
    Yes.
    Quote Quoting jack1234
    I thought they had to refund my deposit or tell me in 30 days by certified mail if they were holding it for damages or return it to me otherwise they lost their right to claim it for damages.
    Per statute "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." Which is to say, they have to refund the entire deposit. But that doesn't mean they are barred from seeking to recover damages from you even after returning your deposit. See Lewis v. Guthartz, 428 So.2d 222 (Fla. 1982).
    .

    The $2,000 countersuit.... what damages are they claiming?

  4. #4
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    Feb 2013
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    It is for out of pocket expenses to repair damages when I vacated unit.

  5. #5
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    You already told us the amount. The question is, what are the claimed damages.

  6. #6
    Join Date
    Feb 2013
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    This is what the counterclaim states:

    Sues for money owed which is past due and is unpaid:
    This is an action for damages in the amount of $2,194.58 plus all costs. Said sums were out of pocket expenses to replace the damage left by the Plaintiff/Counter defendant when she vacated the premises.

  7. #7
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    If you don't want to answer the question, fine. Good luck in court.

  8. #8
    Join Date
    Jul 2007
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    Florida
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    How can he tell you more than they told him in the counterclaim?

    Sounds to me like they're fishing. Painting after 8 years would be on them, not you. Same for carpet and most things that wear out. Holes in walls or outright damage is different, but you might not hear the details until you're in front of the judge. Hope you have pictures.

  9. #9
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    They aren't claiming that he owes >$2000 for causing no damage. Or if they are, it makes for an easy case. If you believe that's all he knows we still end up in the same place - if he has no information there is nothing to offer beyond speculation - which is rarely helpful..

  10. #10
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    Feb 2013
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    Default Re: How Long Does a Landlord Have to Sue for Damages to a Rental Property

    They have not listed or stated anything else at this point. Just as the document says damages to unit. If I was a landlord and a tenant owed me $2,000 I would have started trying to get my money back long before 7 months.

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