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Prop Mgmt Company retaining part of security deposit after agreeing to refund full amount

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Sprock

New member
I live in Florida, I moved out of a rental home on 3/31. At the time of handover, after inspection by the landlord the landlord, my fiance, and I signed a document stating that we would be refunded our full deposit of $1250. Yesterday on 4/3 we received the check in the mail along with a letter from the company's attorney stating that they were deducting $150 from the deposit for porch screen repairs. I have text messages from the landlord where they company had repaired these screens previously at no cost to my fiance or myself, and I have the original document that was signed stating we were getting our full deposit back. I have 15 days to object in writing. What are my options, and how should I format a letter to object?

Thank you!
 


PayrollHRGuy

Senior Member
You object in writing, the format means little, stating that the time of the inspection that the area in question. along with the rest of the property, was inspected and found to have no damage as evidenced by the attached document.

If they don't send the $150 you sue them in small claims court.
 

Zigner

Senior Member, Non-Attorney
The prior letter likely doesn't rise to the level of a contract. If they found damage that overlooked in the walk through, then they can withhold for that damage. Having said that...one would think that damage to a porch screen would be pretty darned apparent, so they'd better have pretty darned good proof that there actually WAS damage and that it actually WAS caused by you. I'd say that you have a pretty good shot at prevailing. It would be different had you done something like put masking tape over large holes in the wall and then painted it to match the rest of the walls. That would be a good example of damage that may have been overlooked.
 

Gail in Georgia

Senior Member
It's not unusual to find additional damage after the initial walk through with the vacating tenants (if required by the particular state). That is why most states have additional time to notify the tenant regarding the status of their security deposit.
If you feel it is worth arguing over this $150 the first step is to typically write a "demand" letter to management, disputing this amount (in this case you would state there was no damage to the porch screen) and requiring that they provide you the additional monies within a certain time period (say, two weeks after they receive the letter).
If no response (or a response not to your satisfaction) the next step is to consider filing a lawsuit over this matter. Such lawsuits are heard in Small Claims court as they tend to involve relatively small amounts of money in dispute.

Good luck..

Gail
 

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