Question about security deposit cleanup fee.

[South954]

What is the name of your state (only U.S. law)? Florida

I moved out yesterday. I spoke to the super the day before, he is a friend and former boyfriend of the landlord, and is not paid so he does the least he can. It's a small fourplex.

He told me they would be keeping $150 from my security deposit for a clean up fee. This is before they even saw that I had properly cleaned the place. i spent 4 days scrubbing and cleaning the place.

He told me that the landlord is old and she has to hire a company to come in and clean. I know it's not true. I've seen 10 or ,ore tenants come and go and she always goes in and does the extra cleaning herself to her specifications.

I requested a walk thru yesterday and was told that she was working all day. i offered to meet her after work at around 9pm. He said she was afraid to be out at night in that area. The best thing about that place is that it's in a safe neighborhood where I've seen people walking their dogs at midnight. So everything with the super is now a lie and a bad excuse. I looked online and for some odd reason a walk thru may not be required upon leaving in Florida.

The super also told me he charges everyone who leaves $150 for cleaning and that he plans to put it into future leases. He can't keep the money when a person leaves a place clean, but I guess if a sucker agrees to pay it it's their loss. I told him if she keeps any of my deposit that I would sue her in small claims court.

I always got along with him and her and now I am being treated badly because she wants to be paid to clean the place as she likes.

She had 15 days to return my full deposit, and 30 if she plans to hold some of it.

I know she has to notify me in 30 days via certified mail if she plans to keep it, but my question is if she tells me in person or on the phone of her plans to keep it does she still have to send the notice?

 

[Banned_Princess]

What is the name of your state (only U.S. law)? Florida

I moved out yesterday. I spoke to the super the day before, he is a friend and former boyfriend of the landlord, and is not paid so he does the least he can. It's a small fourplex.

He told me they would be keeping $150 from my security deposit for a clean up fee. This is before they even saw that I had properly cleaned the place. i spent 4 days scrubbing and cleaning the place.

He told me that the landlord is old and she has to hire a company to come in and clean. I know it's not true. I've seen 10 or ,ore tenants come and go and she always goes in and does the extra cleaning herself to her specifications.

I requested a walk thru yesterday and was told that she was working all day. i offered to meet her after work at around 9pm. He said she was afraid to be out at night in that area. The best thing about that place is that it's in a safe neighborhood where I've seen people walking their dogs at midnight. So everything with the super is now a lie and a bad excuse. I looked online and for some odd reason a walk thru may not be required upon leaving in Florida.

The super also told me he charges everyone who leaves $150 for cleaning and that he plans to put it into future leases. He can't keep the money when a person leaves a place clean, but I guess if a sucker agrees to pay it it's their loss. I told him if she keeps any of my deposit that I would sue her in small claims court.

I always got along with him and her and now I am being treated badly because she wants to be paid to clean the place as she likes.

She had 15 days to return my full deposit, and 30 if she plans to hold some of it.

I know she has to notify me in 30 days via certified mail if she plans to keep it, but my question is if she tells me in person or on the phone of her plans to keep it does she still have to send the notice?

When she sends you the balance, it should include something about what she withheld, and why.

Do you have before move in and move out photos?

150 seems totally reasonable cleaning fee, and depending on evidence as to the cleanliness before and after, you may be out of the 150.

Also if you knew she was going to do that, you probably could haves saved yourself hours of cleaning.


*

 

[South954]

When she sends you the balance, it should include something about what she withheld, and why.

Do you have before move in and move out photos?

I do of the major issues. When i moved in the bathtub was chipping and needed to be reglazed. (I took pictures of a few ot the problems) I spoke to him on the phone and he said I would not b e responsible fore that ot the dirty, stained drip pans on the stove or the water drip damage under the sinks, hopefully he will keep his word, but that was before he told me that they wanted to charge me $150 and I disputed it.

Anyway she agreed to a walk thru tomorrow morning.

$159 is not reasonable for a place that is as clean or cleaner than when I moved in.

Also is it correct that if she is not happy by how it is cleaned that she has to give me the opportunity to clean it to mitigate damages before imposing a fee?

She would also have to bring pictures to court of before to prove the place was cleaner than how I left it. Regardless I will fight her and she will not get my $150, Mark my words.

This coming from a Landlord who said she was heartbroken that I was leaving after being a great tenant for 3 years.

 

[Gail in Georgia]

The statute regarding return of security deposits for Florida:

83.49 Deposit money or advance rent; duty of landlord and tenant.—


(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).

(4) The provisions of this section do not apply to transient rentals by hotels or motels as defined in chapter 509; nor do they apply in those instances in which the amount of rent or deposit, or both, is regulated by law or by rules or regulations of a public body, including public housing authorities and federally administered or regulated housing programs including s. 202, s. 221(d)(3) and (4), s. 236, or s. 8 of the National Housing Act, as amended, other than for rent stabilization. With the exception of subsections (3), (5), and (6), this section is not applicable to housing authorities or public housing agencies created pursuant to chapter 421 or other statutes.

(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days’ written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.

(6) For the purposes of this part, a renewal of an existing rental agreement shall be considered a new rental agreement, and any security deposit carried forward shall be considered a new security deposit.

(7) Upon the sale or transfer of title of the rental property from one owner to another, or upon a change in the designated rental agent, any and all security deposits or advance rents being held for the benefit of the tenants shall be transferred to the new owner or agent, together with any earned interest and with an accurate accounting showing the amounts to be credited to each tenant account. Upon the transfer of such funds and records as stated herein, and upon transmittal of a written receipt therefor, the transferor shall be free from the obligation imposed in subsection (1) to hold such moneys on behalf of the tenant. However, nothing herein shall excuse the landlord or agent for a violation of the provisions of this section while in possession of such deposits.

(8) Any person licensed under the provisions of s. 509.241, unless excluded by the provisions of this part, who fails to comply with the provisions of this part shall be subject to a fine or to the suspension or revocation of his or her license by the Division of Hotels and Restaurants of the Department of Business and Professional Regulation in the manner provided in s. 509.261.

(9) In those cases in which interest is required to be paid to the tenant, the landlord shall pay directly to the tenant, or credit against the current month’s rent, the interest due to the tenant at least once annually. However, no interest shall be due a tenant who wrongfully terminates his or her tenancy prior to the end of the rental term.

Gail

 

[South954]

The statute regarding return of security deposits for Florida:

83.49 Deposit money or advance rent; duty of landlord and tenant.—


(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.



Gail

Thanks, I wasn't given the info of where my deposit was kept? What bearing does that have?

I also read somewhere that they are not supposed to keep the money in their personal account where it can be subject to seizure.

 

[Banned_Princess]

Thanks, I wasn't given the info of where my deposit was kept? What bearing does that have?

None

I also read somewhere that they are not supposed to keep the money in their personal account where it can be subject to seizure.

So what.

 

[South954]

None



So what.

Why are you so angry and hostile?

 

[South954]

None



So what.

So it's a rule they have to follow with no implications?

 

[TigerD]

So it's a rule they have to follow with no implications?

You ignored it for three years. It's a little late to argue now that you have moved out, don'tcha think?

DC

 

[South954]

You ignored it for three years. It's a little late to argue now that you have moved out, don'tcha think?

DC

I didn't know about it, the landlord is supposed to give me the info, not the other way around.

 

[sandyclaus]

I didn't know about it, the landlord is supposed to give me the info, not the other way around.

SO, you didn't KNOW you had the leave the place clean? I find that very hard to believe.

And IMHO, $150 for cleaning a whole apartment for a move-out is darn reasonable. Tenants NEVER seem to leave it as clean as they claim they do.

Is this a hill to die on? Because I can pretty much guarantee that you're NOT going to win if this gets down to a court battle.

 

[South954]

SO, you didn't KNOW you had the leave the place clean? I find that very hard to believe.

And IMHO, $150 for cleaning a whole apartment for a move-out is darn reasonable. Tenants NEVER seem to leave it as clean as they claim they do.

Is this a hill to die on? Because I can pretty much guarantee that you're NOT going to win if this gets down to a court battle.

I cleaned the place, I knew I was supposed to, what I didn't know was that the LL was supposed to give me the info as to where my deposit was kept.

If she wanted $150 to clean the place after I cleaned it she should have told me before I spent 4 days scrubbing that place. I would have let her do the work instead. And I will get my full deposit back. She had the burden of proof to show how clean the place was beforehand and I know she doesn't have pictures and I do.

 

[Banned_Princess]

Why are you so ridiculous. ? Is a better question.

 

[Banned_Princess]

I cleaned the place, I knew I was supposed to, what I didn't know was that the LL was supposed to give me the info as to where my deposit was kept.

If she wanted $150 to clean the place after I cleaned it she should have told me before I spent 4 days scrubbing that place. I would have let her do the work instead. And I will get my full deposit back. She had the burden of proof to show how clean the place was beforehand and I know she doesn't have pictures and I do.

She only has to show how dirty you left it, she doesn't need before pics.

And so what you were never informed where the dep was being held, how bout I act that out for you.

(You)"Your honor, the landlord never told me where she was keeping my deposit!!!"
(Judge) " ok. Landlord, where did you keep the deposit?"
(Landlord) " in the bank sir"
(Judge looks at you) " she kept it in the bank "

 

[South954]

She only has to show how dirty you left it, she doesn't need before pics.

Doesn't matter. I didn't leave it dirty and they tell me they are going to charge me $150 regardless even before seeing it.