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  1. #1

    Default Partial Deposit Returned in Florida

    I moved out of an apartment in Florida and received only a partial deposit back.

    The landlord claimed the following on the deposit:

    1. Security Deposit Maintenance Fee. (Don't even know what it's for, if it's not in the lease, can they do that?)

    2. Cleaning of carpet. (When we lived there, we repeatedly asked them to clean the carpet, which they refused to do. Also, upon move-in we noted that the carpet was stained. Can they charge us for this now?)

    3. Lump sum of $135 for repairs such as a door knob and replacement of light bulbs. Can we ask them for an itemized cost?

    4. They also included a charge for certified letter in which the deposit came. I didn't request them to use certified mail, can they charge me for that?

    Thanks!

  2. #2
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    Default Re: Partial deposit returned in Florida

    General advice on security deposits from the Florida Government:
    Quote Quoting Deposit/Rent Requirement
    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 must 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 (plus interest, if applicable) within 15 days of termination of the lease, 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 lease, 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.


    If you object to the landlord retaining all or a portion of the deposit, the matter may be taken to a court of competent jurisdiction.
    I have never heard of a landlord being able to assess fees merely for fulfilling his legal duties, either of holding the security deposit or of sending a notice of his claims by certified mail; I would be surprised if Florida allows that. Replacement of light bulbs is a routine maintenance item, and it is a strange claim. Whether or not they can charge to clean the carpet depends upon such things as whether its condition is worse than would be expected from normal wear and tear.

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