What is the name of your state? Florida
I rented a 1000sq ft house with my 5 children for 4 years. I put down a $1400 deposit. There was brand new carpet when we moved in. There was a broken window pane when we moved in which I had noted on the move in report. The walls were painted with flat white paint but not newly painted.
I gave appropriate notice after 4 years that I would not be renewing my lease as I had purchased a home. The sent me move out paperwork which included charges that would be due from me if certain things needed repaired or done at my fault. These charges included paint a wall/ceiling at $20 per wall and carpet cleaning at $150.
On February 7, 2024 I returned the keys. My former property management company sent me a certified letter dated on 2/28/24 and received on 3/4/24 with the intent to impose a claim on my deposit. The fees they were charging me were $800 for paint, $500 for new carpet and $150 for the broken window. This totaled $1450, they said they were keeping all of my deposit and sent me a bill for an additional $50. I sent a certified letter 2 days (3/6/24 which they signed for on 3/8/24) later stating my objections - that the carpet and paint were not beyond normal wear and tear and that the window was not my obligation. On 3/12 and 3/13, 4 and 5 days after that they received my certified letter, they sent me an email asking how much I wanted them to take off the claim. I explained I felt all the charges were unfair as the paint, while dirty was flat white cheap paint and unable to be cleaned and did not exceed normal wear and tear. I stated the same regarding the carpet. I also told them I would not, under any circumstance, pay for a window that was broken prior to our moving in and that we had requested to be fixed numerous times. They responded and stated that both carpet and paint should last 10 years and they would "see what they could do" and that oh yeah, they would probably remove the fee for the window since they looked back and saw where the window was broken. I answered their email and said that the carpet and paint would most certainly not be expected to last anywhere near 10 years in a 1000 sq ft house that was knowingly rented to 6 people (5 between the ages of 13-18 at move in). I also stated there would not be a probably remove the window fee as that should have never been there in the 1st place had the done their due diligence. In my rebuttal email I also said there were 26 walls in the house and according to their settlement charges, if they were to charge me $20 a wall then the total painting charge would amount to $520 and not the $800 they were claiming and that the carpet should only cost $150 not $500.
I never received a response or acknowledgement to my last email and have not received any portion of my deposit back. The lease (and law in Florida according to my research) is very clear in that they had to let me know in writing in certifies mail that they would be making a claim on my deposit. Additionally, the lease and law were clear that I had to let them know in writing in certified letter that I was objecting and for how much. After that - the lease and law do not say what happens further just that if an attorney or court is involved, essentially the loser pays for all fees.
Today 4/10/24 has been 33 days since the date my certified letter was received by them and 28 days since our email correspondence (which I am not even sure would hold up legally in court as it was obviously not certified).
With all of this said, I have 4 questions.
1. who decides what is "normal wear and tear" as this seems subjective.
2. At minimum, the should erase the additional $50 bill and return to me $100 for the window that was broken before we moved in - that is at the barest minimum. What is the legal timeframe they have to return any/all of my deposit?
3. When they return my deposit, since it was objected to, do they have to give a new breakdown as to what they have kept some of the deposit money for?
4. Can I just cancel the check through my bank and not allow it to be cashed?
I am not sure where to go from here. I appreciate any help that you can give. Thank you
I rented a 1000sq ft house with my 5 children for 4 years. I put down a $1400 deposit. There was brand new carpet when we moved in. There was a broken window pane when we moved in which I had noted on the move in report. The walls were painted with flat white paint but not newly painted.
I gave appropriate notice after 4 years that I would not be renewing my lease as I had purchased a home. The sent me move out paperwork which included charges that would be due from me if certain things needed repaired or done at my fault. These charges included paint a wall/ceiling at $20 per wall and carpet cleaning at $150.
On February 7, 2024 I returned the keys. My former property management company sent me a certified letter dated on 2/28/24 and received on 3/4/24 with the intent to impose a claim on my deposit. The fees they were charging me were $800 for paint, $500 for new carpet and $150 for the broken window. This totaled $1450, they said they were keeping all of my deposit and sent me a bill for an additional $50. I sent a certified letter 2 days (3/6/24 which they signed for on 3/8/24) later stating my objections - that the carpet and paint were not beyond normal wear and tear and that the window was not my obligation. On 3/12 and 3/13, 4 and 5 days after that they received my certified letter, they sent me an email asking how much I wanted them to take off the claim. I explained I felt all the charges were unfair as the paint, while dirty was flat white cheap paint and unable to be cleaned and did not exceed normal wear and tear. I stated the same regarding the carpet. I also told them I would not, under any circumstance, pay for a window that was broken prior to our moving in and that we had requested to be fixed numerous times. They responded and stated that both carpet and paint should last 10 years and they would "see what they could do" and that oh yeah, they would probably remove the fee for the window since they looked back and saw where the window was broken. I answered their email and said that the carpet and paint would most certainly not be expected to last anywhere near 10 years in a 1000 sq ft house that was knowingly rented to 6 people (5 between the ages of 13-18 at move in). I also stated there would not be a probably remove the window fee as that should have never been there in the 1st place had the done their due diligence. In my rebuttal email I also said there were 26 walls in the house and according to their settlement charges, if they were to charge me $20 a wall then the total painting charge would amount to $520 and not the $800 they were claiming and that the carpet should only cost $150 not $500.
I never received a response or acknowledgement to my last email and have not received any portion of my deposit back. The lease (and law in Florida according to my research) is very clear in that they had to let me know in writing in certifies mail that they would be making a claim on my deposit. Additionally, the lease and law were clear that I had to let them know in writing in certified letter that I was objecting and for how much. After that - the lease and law do not say what happens further just that if an attorney or court is involved, essentially the loser pays for all fees.
Today 4/10/24 has been 33 days since the date my certified letter was received by them and 28 days since our email correspondence (which I am not even sure would hold up legally in court as it was obviously not certified).
With all of this said, I have 4 questions.
1. who decides what is "normal wear and tear" as this seems subjective.
2. At minimum, the should erase the additional $50 bill and return to me $100 for the window that was broken before we moved in - that is at the barest minimum. What is the legal timeframe they have to return any/all of my deposit?
3. When they return my deposit, since it was objected to, do they have to give a new breakdown as to what they have kept some of the deposit money for?
4. Can I just cancel the check through my bank and not allow it to be cashed?
I am not sure where to go from here. I appreciate any help that you can give. Thank you
