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Deducting late fees and NSF fees from security deposit

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berryrasp

Junior Member
What is the name of your state (only U.S. law)? Florida
I recently had a renter leave and I sent her the necessary letter documenting the carpet cleaning and other necessary replacements along with a deduction for late fees and NSF fees that had not been paid. She was late 6 times and her check bounced 4 times in a 12 month period. I never insisted on payment until the last month when she was 13 days late. I was told I was legally within my rights to collect these fees from the security deposit. She is claiming "According to the law, if those fees were not imposed at that time YOU FORGAVE, that amount!" I can not find any law in Florida one way or the other. My lease states that a "late fee of 10% will be due after the third day". It also states that "Release of the deposit is subject to the following provision; (a) No unpaid late fees,repair bills, rent, pet fees...."What is the name of your state (only U.S. law)?
 


Gail in Georgia

Senior Member
If your former tenant sues you, a judge is likely to ask why you allowed her to continue residing in the rental unit while owing you late and bounced check fees.

How would you answer this?

Gail
 

Searchertwin

Senior Member
What is the name of your state (only U.S. law)? Florida
I recently had a renter leave and I sent her the necessary letter documenting the carpet cleaning and other necessary replacements along with a deduction for late fees and NSF fees that had not been paid. She was late 6 times and her check bounced 4 times in a 12 month period. I never insisted on payment until the last month when she was 13 days late. I was told I was legally within my rights to collect these fees from the security deposit. She is claiming "According to the law, if those fees were not imposed at that time YOU FORGAVE, that amount!" I can not find any law in Florida one way or the other. My lease states that a "late fee of 10% will be due after the third day". It also states that "Release of the deposit is subject to the following provision; (a) No unpaid late fees,repair bills, rent, pet fees...."What is the name of your state (only U.S. law)?
Be careful of this one. If her lease is up, get rid of her. I think she knows how to play the game and could possibly cost you a lot of money and headaches.
 

John_DFW

Member
If your former tenant sues you, a judge is likely to ask why you allowed her to continue residing in the rental unit while owing you late and bounced check fees.

How would you answer this?

Gail
I would think the best way to address that would be to point to the clause in the lease regarding security deposit (I would make sure that clause meets the letter of the law in OP's state!)

I believe that this defense by the tenant would be an affirmative defense and thus the burden of proof on the tenant to prove is true.

Worth the headache? Who knows.
 

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