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deduction of security deposit

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champion

Junior Member
What is the name of your state (only U.S. law)? Florida
I would like advise on a notice of intention to impose a claim for damages that I sent to a former tenant, and she wrote me back stating that some of those items that I claimed are not allowed by law, and will take me to court.
Here is the list of items:• The missing of a light fixture at the corridor located at the premises entrance plus labor totaling $ 80.
• Three light plates from living room and bedroom totaling $ 10.
• Fix of several holes on the wall. Spackling and touch up painting totaling $ 40.
• The kitchen hose faucet is leaking $20.
• A $50 fee plus $10 bank fee for your returned check # 126, in the amount of $775 regarding May according to our Lease Agreement # 4.
• A partial May rental payment of $75 that you claimed for fixing the new water heater that you deducted without our consent, plus a $25 late fee payment, plus $ 35 proportional $1 per day per 35 days (3 days for mail). See #3 of Lease Agreement
• Eight days rental for the month of June (@ $25.85 per day) totaling $206.65 plus a $25 late fee, plus $10 a day per 5 days (3days for mail) totaling $50. See Agreement # 3 .
• A $50 part deduction done in rent without our consent that you had claimed to pay AKM Plumbing to put back appliances.
• A $ 24 part of deduction done by you for cosmetic work without our authorization
What should be my response?Thank you
 


ecmst12

Senior Member
Leaky faucet would not typically be caused by tenant's negligence so you probably shouldn't charge her for that.

If it's going to go to court, you'd do well to read your state's rules on Repair and Deduct and make absolutely sure she did not follow them correctly. In my state, if LL has been properly NOTIFIED about the need for repair, and he has not performed the repair within reasonable time. he does not then need to CONSENT to the repair and deduct, tenant is allowed by law to do it without his consent.
 

acmb05

Senior Member
What is the name of your state (only U.S. law)? Florida
I would like advise on a notice of intention to impose a claim for damages that I sent to a former tenant, and she wrote me back stating that some of those items that I claimed are not allowed by law, and will take me to court.
Here is the list of items:• The missing of a light fixture at the corridor located at the premises entrance plus labor totaling $ 80.
Is this a common area and can you prove they took the light fixture?
Three light plates from living room and bedroom totaling $ 10.
this is fine.
Fix of several holes on the wall. Spackling and touch up painting totaling $ 40.
fine also.
The kitchen hose faucet is leaking $20.
Normal wear and tear and not deductable.
A $50 fee plus $10 bank fee for your returned check # 126, in the amount of $775 regarding May according to our Lease Agreement # 4.
Ok.
A partial May rental payment of $75 that you claimed for fixing the new water heater that you deducted without our consent, plus a $25 late fee
payment, plus $ 35 proportional $1 per day per 35 days (3 days for mail). See #3 of Lease Agreement
You can only charge one late fee for the same month so either charge the $25 or the $1 per day. Was something wrong with the water heater and if so why did you not fix it? Either way they can't deduct without consent.
Eight days rental for the month of June (@ $25.85 per day) totaling $206.65 plus a $25 late fee, plus $10 a day per 5 days (3days for mail) totaling $50. See Agreement # 3
. Again only one late fee can be charged. Why charge $1 a day for one mo nth and $10 a day for the next?
A $50 part deduction done in rent without our consent that you had claimed to pay AKM Plumbing to put back appliances.
Why did they need to put appliances back? Again can't be done without consent.

A $ 24 part of deduction done by you for cosmetic work without our authorization
good.

What should be my response?Thank you
I would write them back with the faucet repair taken off and send them a check for the balance if any.

Seriously though if the hot water heater did need reaired then I would credit them for that also.
 

Mr. Nice

Member
Are you charging for your own labor? Judge Judy always seems to object to landlords doing that. Is there some rule like that?
 

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