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  1. #1
    Join Date
    Nov 2008
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    1

    Default Landlord is being taken by tenant

    My question involves a security deposit in the State of: Florida

    Let me start off by saying that the apartment in question was my home for 6 years before my tenant moved in. It is newly refurbished with the best stuff money can by. Anyway, she was really not happy to move into my place because she couldn't afford it, but she had no other choice she said. 2 months later I receive her first certified letter stating that she is very unhappy in my apartment and she list numberous things "wrong" among them she thinks that my apartment has mold. Long story short I sent her a certified letter stating that I'll be more than happy to pay for a mold inpsector but if nothing is found than she will need to burden this cost. She sent me a certified letter back stating that she is moving out 3 months into her 1 year lease and she wants her last months rent as well her security deposit back or she will sue me. I complied with all her complaints either in person or in a certified correspondence within 7 days of receiving her mail. Since she moved out I had a mold inspector inspect the unit to have some sort of evidence for court and he said my place is "immaculate" . I have papers to prove that there is absolutely nothing wrong with my apartment. By law do I have to give her back her security deposit? I just composed a certified letter to her stating that she will not get any money back due to the fact that she breached the lease without just cause and I quoted Fl state 83.49 as well as 83.56 where it states that she should have withheld rent and let me know this in a certified correspondence that she will be doing that. I feel so frustrated, because I crossed the T's and dotted the I's and it seems like I can still be sued. I wish I can attach some pictures of my apartment so you guys can see how nice it is.

    My other problem is that she complained of several problems like mold in the shower. My husband who has no legal rights to my apartment had to address the problem instead of me because we just lost a baby due to all the stress I was going through (I have medical records to prove this in court). Anyway, the plumber he went with told my husband that the only thing he can think was that there is no shower pan, but by now the downstairs tenant would have killed you becasue it's been 4 years since the shower was done. My husband asked the plumber what he should do? The plumber said "what's not broken should not be fixed, but this tenant obviously wants to get out of the lease and she'll find something else". Honestly he said "I never seen a drain this clean in my 40 years in business". The next day my husband called the tenant without my knowledge or permission and told her that he will personally retile the new shower. My husband decided to appease the tenant at all cost!lol I inspected the supposed problem a couple of days later when my health allowed, and I didn't smell anything. My tenant said that is because I don't want to smell anything!lol I didn't reply, but what I wanted to say is that I brought my new born child home from the hospital into this home, and we lived here an additional 1 1/2 years, if there was a problem believe me I would like to know because I spent $30K remodelling.

    Please someone help me?! After she moved out unexpectedly I ended up in the hospital and I've been in theraphy since they let me out. I obviously can't handle stress especially when it's undue and I've done everything by the book. I'm just so scared that this could happen even if one does everything right!

    I really appreciate your time,
    Sincerely,
    Hannah

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