Renters laws

[sweetness5]

What is the name of your state (only U.S. law)? FL
We moved out of a family home June 30th.

I had to push for someone to be present for a walk through. I was told by the landlord we didn't need to be there, however, I insisted and she sent an agent out.

The agent did not have the original walk through papers, luckily we had them for comparison. We filled all nail holes, primed over crayon, etc. I even went as far walking around with this agent as she pointed out dirt on the walls, I wiped them clean.

She used a notebook to write things down took pictures. She refused to sign anything with us. Later that week we were asked to have the carpet cleaners come back(we paid to have them steam cleaned two weeks before move out). They stated there was a urine smell at the top of the stairs. We complied because our toddler had hidden there to pee once after the carpets were done. Evidently our home cleaner did not work.

I have asked twice for a signed list of charges and/or repairs to which I have been ignored.

Now, they are claiming we need to bring back the carpet cleaner again for stains. My problem is, we discussed 3 stains with the walk through agent, that we knew we were responsible for. Now they are saying there are stains in every room! She has sent us pictures and many of these stains we have never seen.

We also remulched and got rid of crab grass in the front garden beds for them as well. We didn't have to do that either because the gardens were a mess when we moved in and the bushes had never been trimmed.

What can I do? I feel like they are trying to retain our deposit. They have purposely waited till nearly then end of the 30 days to inform us of more issues.

Do I have a case?

 

[swalsh411]

How long did you live there? It if was for a year or more a lot of that sounds like wear and tear.

I would tell thm in writing they have 5 days to return your full deposits (less any charges you agree with) or you will sue them in small claims court. This is exactly the type of thing small claims is for.

 

[tranquility]

You've got to wait a bit more.

83.49 Deposit money or advance rent; duty of landlord and tenant.—
(1) Whenever money is deposited or advanced by a tenant on a rental agreement as security for performance of the rental agreement or as advance rent for other than the next immediate rental period, the landlord or the landlord’s agent shall either:
(a) Hold the total amount of such money in a separate non-interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord;
(b) Hold the total amount of such money in a separate interest-bearing account in a Florida banking institution for the benefit of the tenant or tenants, in which case the tenant shall receive and collect interest in an amount of at least 75 percent of the annualized average interest rate payable on such account or interest at the rate of 5 percent per year, simple interest, whichever the landlord elects. The landlord shall not commingle such moneys with any other funds of the landlord or hypothecate, pledge, or in any other way make use of such moneys until such moneys are actually due the landlord; or
(c) Post a surety bond, executed by the landlord as principal and a surety company authorized and licensed to do business in the state as surety, with the clerk of the circuit court in the county in which the dwelling unit is located in the total amount of the security deposits and advance rent he or she holds on behalf of the tenants or $50,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of the provisions of this section. In addition to posting the surety bond, the landlord shall pay to the tenant interest at the rate of 5 percent per year, simple interest. A landlord, or the landlord’s agent, engaged in the renting of dwelling units in five or more counties, who holds deposit moneys or advance rent and who is otherwise subject to the provisions of this section, may, in lieu of posting a surety bond in each county, elect to post a surety bond in the form and manner provided in this paragraph with the office of the Secretary of State. The bond shall be in the total amount of the security deposit or advance rent held on behalf of tenants or in the amount of $250,000, whichever is less. The bond shall be conditioned upon the faithful compliance of the landlord with the provisions of this section and shall run to the Governor for the benefit of any tenant injured by the landlord’s violation of this section. In addition to posting a surety bond, the landlord shall pay to the tenant interest on the security deposit or advance rent held on behalf of that tenant at the rate of 5 percent per year simple interest.
(2) The landlord shall, within 30 days of receipt of advance rent or a security deposit, notify the tenant in writing of the manner in which the landlord is holding the advance rent or security deposit and the rate of interest, if any, which the tenant is to receive and the time of interest payments to the tenant. Such written notice shall:
(a) Be given in person or by mail to the tenant.
(b) State the name and address of the depository where the advance rent or security deposit is being held, whether the advance rent or security deposit is being held in a separate account for the benefit of the tenant or is commingled with other funds of the landlord, and, if commingled, whether such funds are deposited in an interest-bearing account in a Florida banking institution.
(c) Include a copy of the provisions of subsection (3).

Subsequent to providing such notice, if the landlord changes the manner or location in which he or she is holding the advance rent or security deposit, he or she shall notify the tenant within 30 days of the change according to the provisions herein set forth. This subsection does not apply to any landlord who rents fewer than five individual dwelling units. Failure to provide this notice shall not be a defense to the payment of rent when due.
(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit.
(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.
(d) Compliance with this section by an individual or business entity authorized to conduct business in this state, including Florida-licensed real estate brokers and sales associates, shall constitute compliance with all other relevant Florida Statutes pertaining to security deposits held pursuant to a rental agreement or other landlord-tenant relationship. Enforcement personnel shall look solely to this section to determine compliance. This section prevails over any conflicting provisions in chapter 475 and in other sections of the Florida Statutes, and shall operate to permit licensed real estate brokers to disburse security deposits and deposit money without having to comply with the notice and settlement procedures contained in s. 475.25(1)(d).
...

 

[sweetness5]

We lived in the home for 15 months. There was never any claim by the LL to keep any of our deposit prior to the 15 days they had to return the deposit. We complied about the carpet issue they requested, they conveniently scheduled the service for the 16th. However, they never stated they would be keeping any of our deposit for any reason.
We have been out of the home for 3 weeks now. There have been people in the home doing repairs, etc. the original agent just went out for the 1st time three days ago.

We were told that If the urine smell was taken care of then they could process our deposit. Now, they are claiming stains. There were multiple stains in the carpets when we moved in that are noted on the walk through. Our vendor has gone back for the urine. He was asked to do the bad spots again, the three we talked about. He did, now they wan us to have him come back out or they will have their guys do it. We are now up to $300 out of pocket in materials to make this home up to par for the next tenant. New filters, putty for nail holes, $180 alone for carpet cleaning, and mulch to freshen u the front.

We have ALL correspondence and no one ever stated stains being an issue. They just keep adding things as time goes on, is this allowed?

 

[tranquility]

I bolded it and everything. I will try again:

(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address) .

"if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required"
IF the landlord is not making a claim, you get your money in 15 days.

He is making a claim, it seems.

"or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim."
He has 30 days to give you written notice he intends to make a claim. (Actually, a little more because it only has to be mailed within 30 days to the last known address.)

I'd make sure he has your address.

I'd wait a couple of days beyond the 30 days (for mailing time) before demanding your deposit.

You have a few more days to wait.

 

[sweetness5]

Does the LL have the right to say our vendor isn't as good as theirs? If we made good faith to comply and stains still resist what else can be done?

We don't know what else we can do. This home was not perfect upon move in. There were stains. I feel like in the end they will try to charge us to replace the carpet.

When we were moved in I had to wait 3&1/2 months for them to clean up glass in the backyard and 3 weeks to fix an ac in FL in Aug!

I am guessing we just need to send the vendor back out. And wait and see.

 

[tranquility]

Does the LL have the right to say our vendor isn't as good as theirs? If we made good faith to comply and stains still resist what else can be done?

We don't know what else we can do. This home was not perfect upon move in. There were stains. I feel like in the end they will try to charge us to replace the carpet.

When we were moved in I had to wait 3&1/2 months for them to clean up glass in the backyard and 3 weeks to fix an ac in FL in Aug!

I am guessing we just need to send the vendor back out. And wait and see.

It's not the "vendor", but the results. But, of course they can. You can pay for the damages you caused to the carpet. The stains that were there when you moved in should have been noted appropriately on your move-in checklist so that you would not be responsible for prior damage.

 

[swalsh411]

I believe a Small Claims Judge would consider small carpet stains in high traffic areas to be wear and tear after more than a year living there.