Can they keep my deposit?

[Mhunt]

I rented an apartment in Florida. I fulfilled my lease and left the apartment in better condition than when we moved in. They sent me a certified letter within the required 15 days saying that they would not be returning my deposit and that I owe them an additional $450 because they had to replace the carpeting because of pet odor. They are also saying that I didn't pay the pet fee so I was not allowed to have a pet. I know that I did pay the fee, but I can't find my receipt. The girl that was the leasing manager at that time quit. I don't know if it's anywhere in my file that I did pay. It's not in my lease. A friend of mine used to manage apartments and houses and he says that according to Florida Law they are required to replace the carpeting once a tenancy is over and before they can allow someone else to move in. Is this true? If so I would like to know the statute number or have a copy of this to take to them. I need this information as soon as possible.

[This message has been edited by Mhunt (edited October 12, 2000).]

 

[David J. Miller]

I'm not an attorney but I have learned by reading a lot of posts and using a little commone sense (not implying you don't have any) L's are not required to install new carpeting each time the unit turns over. (My gosh, you think we have an affordable housing crisis now. How much would the rent be if this were law.)

Sounds to me like the burden of proof concerning the pet deposit is on you. Search for proof. If you wrote a check, enlist the help of the bank if necessary. Once you find the proof, have the charge taken from the pet deposit and pay the difference if there is one.

If you can't find the proof, I know I speak for Peter, just pay the bill.

 

[Mhunt]

Thank you for the advice. I did find my receipt for the pet fee. The property manager also found her copy of the receipt so now the fact that the money is "missing" is on her shoulders. She told me that the girl that was the leasing rep. at the time that I moved in was fired for stealing. She was taking people's rent, deposits, etc... Anything that was paid in cash, she took. I appreciate your time. Mhunt