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Landlord is Making a Damage Claim Months After the Lease Ended

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  • 05-03-2016, 01:12 AM
    IanPS
    Landlord is Making a Damage Claim Months After the Lease Ended
    My question involves landlord-tenant law in the State of: FL

    I rented an apartment for one year. There was a written lease that was completed in full. I moved out on Aug 29, 2015 and the lease terminated on Aug 31, 2015 (rent was paid through the end of the month). I did not provide a security deposit on the property (in accordance with the lease). The property management did not do a final walk-through with me. I was under the belief that the property was returned in proper condition in accordance with the lease (i.e.: clean with normal wear and tear).

    On April 29, 2016, I received an e-mail from the property management stating I owed $465 in damages. It provided an itemized list of the damages. This was the first time I was informed of these charges. I disagree with all the charges. The e-mail claims that if I do not pay the charges within 14 days, they will send the claim to collections and place an overdue debt on my credit report. I did not receive anything by postal mail; while I do not think I provided them with a forwarding address (I don't believe they every asked for one), my mail has been forwarded from my old address to my new address since the day I moved out, so a letter sent to my old address would have been forwarded to my current one at any time passed the move-out date.

    Since I did not provide a security deposit, I do not believe that s. 83.49(3) is applicable. Is an e-mail sent 8 months after move-out considered "timely"? What actions can I take to dispute this charge beyond replying to the e-mail stating I disagree with the charges? Does the rental company have the right to send the charge to collections without taking me to small claims court first, and if so, what legal actions can I take to counter?

    Thank you very much,
    Ian
  • 05-03-2016, 09:18 AM
    adjusterjack
    Re: Landlord Making Damage Claim 8 Months After End of Lease
    You're right. The security deposit statute doesn't apply because there was no security deposit.

    However, leaving damage behind is a breach of contract and Florida gives an aggrieved party 5 years to sue for a breach of a written contract.

    That means that there is nothing wrong with sending you the bill 8 months after move out.

    If the charges are spurious, you'll need to challenge them. If you have any defense to them, respond to the letter with your evidence and see what happens.

    If you have no evidence, then it's up to you if you want to pay the bill or ignore it and take your chances.
  • 05-03-2016, 11:59 AM
    IanPS
    Re: Landlord Making Damage Claim 8 Months After End of Lease
    Thank you Jack,

    I appreciate your support. If I reply with my limited evidence and the rental company still submits the claimed amount to a collection agency, do I have any legal recourse?

    Ian
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