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What Charges Are Allowed for Problems With the Unit

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  • 08-07-2012, 11:06 AM
    thetenantking
    What Charges Are Allowed for Problems With the Unit
    My question involves landlord-tenant law in the State of: FLORIDA

    Unless due to the negligence of the TENANT in which case TENANT shall be responsible for 100% of the costs of any repairs, TENANT agrees to pay for all minor repairs to the premises of any kind costing $75.00 or less or, if the LANDLORD provides a service plan for appliances, plumbing and/or electrical, TENANT will pay the deductible up to $75.00 for each service call.

    Is this allowed under Florida law and is this normal? Is it safe to interpret as such that, if the repair cost (not deductable) is over $75 that the landlord is responsible for the total cost and the tenant is not responsible for the first $75.

    and

    17. VACATING: At the expiration of this agreement or any extension, TENANT shall peaceably surrender the premises and turn in all keys and any other property owned by LANDLORD leaving the premises in good, clean condition, ordinary wear and tear excepted. In addition to any cleaning charges or any other charges due under the terms of this lease, TENANT agrees to a mandatory minimum unit cleaning charge to be deducted from the security deposit in the amount of $100.00. TENANT agrees to a mandatory minimum carpet cleaning charge to be deducted from the security deposit in the amount of $75.00. Upon Move-out there will be a mandatory minimum lock changing charge at $100.00 deducted from the security deposit.

    Is this allowed under Florida law and is this normal, even if I hired someone to clean it and turned in the keys? I read the Florida statuete about rent and witholding it but what really surprised me the most was that it doesn't define what the security deposit is supposed to cover and what it can be used for.

    Additonal Questions:
    If the place I am moving into was not cleaned prior nor locks changed prior to me moving in, would I have any recourse?
    If my lease is terminated before expiration, as in moving out early and have found new tenants to sign a new lease, would the same vacating rules apply since it states "expiration of this agreement or any extension".

    Thank you for reading this over, I greatly appreciate it.
  • 08-09-2012, 06:08 PM
    Mr. Knowitall
    Re: What Charges Are Allowed for Problems With the Unit
    Is this a single family home or duplex? If so, modification of the landlord's duties is permitted consistent with Florida Statutes Sec. 83.51.
    Quote:

    Quoting thetenantking
    View Post
    Is this allowed under Florida law and is this normal?

    It is lawful in any state to hold a tenant responsible for damage caused by the tenant. If you negligently cause damage and your acts necessitate a service call, it's reasonable for you to pay for the cost of the service and repair.

    In terms of minor repairs, it's not at all unusual for landlords to shift the cost of minor repairs onto the tenant, as some tenants will call a landlord over the most trivial issues. Whether or not that is possible in your case depends upon the nature of your unit.
    Quote:

    Quoting thetenantking
    Is it safe to interpret as such that, if the repair cost (not deductable) is over $75 that the landlord is responsible for the total cost and the tenant is not responsible for the first $75.

    So you're telling us that the landlord did acquire a service plan? Then it says that the tenant pays the deductible up to $75 for repairs covered by the plan.
    Quote:

    Quoting thetenantking
    TENANT agrees to a mandatory minimum unit cleaning charge to be deducted from the security deposit in the amount of $100.00. TENANT agrees to a mandatory minimum carpet cleaning charge to be deducted from the security deposit in the amount of $75.00.

    I don't see anything that prohibits a landlord from having the tenant contractually agree to certain fixed cleaning fees to be withheld from the security deposit. In some states routine cleaning has to be charged via a separate fee, e.g., a "nonrefundable cleaning deposit", but I see no such requirement for your state.
    Quote:

    Quoting thetenantking
    Upon Move-out there will be a mandatory minimum lock changing charge at $100.00 deducted from the security deposit.

    I personally find that to be ridiculous, but again this appears to be something your state permits the landlord and tenant to agree to within a lease agreement. I suspect, and I infer you do as well, that the landlord is simply pocketing this money. I don't know if it's worth your time to try to sue over $100 and, even if my suspicion is correct, I expect that if you were to do so your landlord would belatedly hire a locksmith and document the lock change.
    Quote:

    Quoting thetenantking
    Is this allowed under Florida law and is this normal, even if I hired someone to clean it and turned in the keys?

    If you agree to pay for cleaning "no matter what", then you can have the entire place gleaming and you've still agreed to the specified fee for cleaning. Florida Public Interest Research Group (PIRG) says "The security deposit can go towards damages beyond normal wear and tear. Purposes for which a security deposit often applies include: cleaning and trash removal, painting and plaster repair, roof repairs, plumbing repairs, and failure to pay rent after vacating the premises.".

    Look for any inconsistency in the lease, such as a duty to return the premises in the same condition as when they were delivered. If the language is actually inconsistent it might be possible to argue that by fulfilling your duties to return the apartment in a condition as clean (or cleaner) as when it was delivered, you override the second provision for the cleaning fee. But that really will turn on the lease language.
    Quote:

    Quoting thetenantking
    I read the Florida statuete about rent and witholding it but what really surprised me the most was that it doesn't define what the security deposit is supposed to cover and what it can be used for.

    Some states have stronger tenant protections, others have weaker protections. Your state's seem to be on the weaker side... but at least you're not in Ohio.
    Quote:

    Quoting thetenantking
    If the place I am moving into was not cleaned prior nor locks changed prior to me moving in, would I have any recourse?

    Back then you could have asked the landlord to change the locks or to clean the unit.
    Quote:

    Quoting thetenantking
    If my lease is terminated before expiration, as in moving out early and have found new tenants to sign a new lease, would the same vacating rules apply since it states "expiration of this agreement or any extension".

    If you have subtenants taking over your lease, then the lease terminates at the conclusion of the subtenancy. If you are terminating your lease early by agreement, with new tenants taking over under a completely new lease then the lease is ending on the agreed surrender date.
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