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  1. #1
    Join Date
    Aug 2010
    Posts
    1

    Default Can a Landlord Send an Invoice for Damages After Returning Security Deposit

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

    If a land lord had not returned my deposit, nor provide an itemized list of damages for which they might be withholding the deposit as required by the Florida Statue 83.49, section 3(a)...can they still send me an invoice for replacement of carpet?

    I had previously provided notice, in excess of sixty days, as to my intent to vacate the residence so as to satisfy the requirement agreed upon in my lease. This statement as provided was received by a representative from the management office and was signed by said representative. The statement as provide also would have served as record of the forwarding address to my new residence, which had been included in the document.

    I had attempted to make arrangements to discuss this matter with the management earlier in the month, but was told by an attending representative within the management office that only the assistant manager would be able to discuss this matter with me.

    When I did finally hear back from her, it was past 30 days. I learned that she had in fact sent a certified letter that was returned because she did not correctly spell out the address as i had provided.

    She has since written to explain that her attorney advised her that she would in fact need to refund my full deposit, but ended the correspondence stating that she would also send an invoice for the replacement of the carpet which would need to be paid in 15 days.

    Is this an appropriate (or lawful) action on the part of the landlord?

  2. #2
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Can a Landlord Send an Invoice for Damages After Returning Security Deposit

    Yes, lawful.

    She may have to follow statutary requirements, and refund the deposit in full. However, this does not mean they cannot come after you for damages you caused, a separate issue altogether from the return of the deposit.

    What happens here is she sends you and check on the security refund, and you send her a check for the damages they are claiming, per invoice due in 15 days. Perfectly legitimate.

    You can argue that you do not owe on the carpet due to "wear and tear", a totally legitimate defense, but not because they may not have followed security return statutes to the letter, which they already cured by refunding the security.

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