Outrageous Deductions From Security Deposit

[chelbell0601]

My question involves a security deposit in the State of Florida:

My former landlord just notified me of their itemized list of deductions from my security deposit. This doesn't sit well with me and it appears as if some of the charges are beyond the scope of what a security deposit is intended for. I would love some advice before I attempt the small claims court route. I hate to take the risk of going to court if these are, in fact, reasonable charges. I left the home cleaner than when I initially rented it and have pictures reflecting that. I also only occupied the home for six months.

Here is the list of charges:

Dead palm tree-$150.00 (the lease specifically stated that the landlord was responsible for yard maintenance, they provided the lawn care, etc.)

Removal & Dump of dead tree-$100.00

Backed up Kitchen Sink, Dishwasher & Disposal- Plumber-$160.00 (this I should have to pay for)

Repaint over Daughters room and Master bath-$100.00 (had permission to paint)

Repair tile kitchen tile off wall-$25.00 (I feel this was due to the leaking a/c unit which leaked water constantly where the tile was).

New Mail box- Broken flag off current box-$50.00 (this wasn't broken when I left)

Prowerwash, clean & Degrease Carport from leaking oil-$75.00

Excess cleaning from your dogs-$125.00 (had permission to have dogs on property, not sure what extra cleaning they are referring to)

Remove and Haul off monitor left at house-$100.00 (this is done for free by the local sanitation company that comes weekly anyway)

Late on rent 3 days- June ($20 per day)-$60.00

Late on rent 15 days-March ($20 per day)-$300.00 (can late charge be added on after the fact?)

Any Florida knowledge on this would be greatly appreciated. Thank you.

[expertlaw]

Start here.

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