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  1. #1
    Join Date
    Dec 2016
    Posts
    4

    Default What are the Chances of Recovering Improper Damage Deductions from a Security Deposit

    My question involves landlord-tenant law in the State of: Florida we sent a letter to the company that owns us our deposit. We disputed everything that they had on the list and asked us to give us a detailed statement. They sent us pictures about 100 of every thing. The needed to clean fee for $231 for spots on faucet, and crumbs in one one drawer. $275 to paint one wall.

    Question if we went to small claim court would they win, or Florida hard to get moral wear and tear?

    My husband is over the fighting and just want his $ 1300 back and we would takes $600 loss cause we need the money


    But they have a reputation of doing this

  2. #2
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Follow on a Letter to the Landlord

    "Question if we went to small claim court would they win, or Florida hard to get moral wear and tear?"

    Since we can't see the pictures we have no idea what they are claiming as damages and what you are claiming as normal wear and tear.

    However, if this comes to court, 100 pictures is some pretty good evidence to show a judge regarding the state of a rental unit at move out.

    Did you take pictures of the unit at move out to dispute any of this?

    Gail

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Follow on a Letter to the Landlord

    Moral wear and tear? Is he charging you something based on you degrading the morality of the apartment complex or something?

    the cleaning fee does seem to be excessive if the only issues are the two you list. Painting of a wall for $275 may or may not be excessive. It would depend on several different factors but more inoortantly, the cost of painting must be prorated and cannot be charged at all if it is due to normal wear and tear (although generally speaking, there isn't much that can be construed as normal wear and tear in regards to paint. It just sets there and unless damaged, shouldn't really change much if at all for a considerable length of time).

    The landlord cannot charge you for normal wear and tear but only damages. The problem is many tenants do not understand what is normal wear and tear and what are damages. The paint issue is one such isssue. Unless damaged, paint just sets on the wall. It doesn't change and generally doesn't become "worn out" by doing so. Things like a chair rubbing on the wall where it rubs off paint is not normal wear and tear. That is damage.

    Things like mineral build up on a faucet is not normal wear and tear; that is damage.


    With this in mind, review the claims and pictures and try to re-evaluate their claims. If you believe you have been charged without a valid reason or overcharge, I would attempt one more time to deal with the landlord. Cite the specific issues you believe are improper charges and go from there. If you aren't satisfied, consider small claims court.

  4. #4
    Join Date
    Dec 2016
    Posts
    4

    Default Re: Follow on a Letter to the Landlord

    Sorry not moral.. normal. Dang phone . I wil upload pictures when I get home. It's not allowing me to up load from the iphone.

  5. #5
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Follow on a Letter to the Landlord

    You have to upload to a photo sharing website and then post a link. You can't upload directly to Expert Law.

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