Furnished condo and security deposit

[iacino]

What is the name of your state? Florida

Tenant signed a lease that did not mention whether my condo was furnished or unfurnished but advertising stated that it was furnished in two places and I stated that on the phone with her and she saw the furniture as well before moving into the condo. I have Craigslist advertisements over the last four years that mention furnished but the pics of furniture have been removed. She moved in with all her furniture, moved all of my furniture into storage, paid for three months but refused to pay after that and stuck me with the keys and monthly fees for 9 months. I am making a claim against the security deposit for the fees and cost to move furniture back into condo. She is taking me to court because she states that the lease didn't mention furnished and that I should pay for her costs to moving it and three months to store! Does she have a case and would she win? She is a paralegal working for a real estate office! Security Deposit is $1,250. My claims total $2,000. I did co-mingle security deposit so would this forfeit my right to collect? This is the only rental I have though.

 

[justalayman]

What was said about the furniture when she viewed the unit prior to signing the lease?

 

[iacino]

Nothing and she was measuring.

 

[justalayman]

Ok so what did you say when she removed all of the furnishing?

I suspect you’re going to lose on the claim for anything involving the furnishings as it appears you acquiesced to her moving the furnishings. You should have dealt with it at the time she moved the,stuff

 

[iacino]

I didn't know she had moved it all out until I went over their for a repair. What do you mean "acquiesced to her moving furnishings"? There was nothing I could do, correct?

 

[HRZ]

I think (as a retiredLL) you have a winnable point that the unit was rented as furnished and that of she preferred some of her stuff she was responsible to store and return your stuff safely or make other mutual arrangements with you . However I think you have a major problem in that unless you made a major fuss earlier about the storage it will be postures that you agreed by acquiescence to same

 

[iacino]

I see, what is LL? And what about co-mingling her deposit? Does this forfeit my right to even make the claim?

 

[Just Blue]

I see, what is LL? And what about co-mingling her deposit? Does this forfeit my right to even make the claim?

Why don't you take your rude self to an attorney.

PxHx.

 

[justalayman]

I think (as a retiredLL) you have a winnable point that the unit was rented as furnished and that of she preferred some of her stuff she was responsible to store and return your stuff safely or make other mutual arrangements with you . However I think you have a major problem in that unless you made a major fuss earlier about the storage it will be postures that you agreed by acquiescence to same

But it wasnt in the contract it was rented as furnished. Often times landlords leave various furnishings in a rental but do not rent the unit as including such so if it wears out, the landlord isn’t obligated to fix or repair it.
As to not Knowing;

Based on the fact the tenant paid three months rent on storage and then said to landlord it’s up to you to take care of things from here, apparently it was no more than 3 months since the inception of the lease. If landlord made no effort to address it that long ago and hasn’t since until now, I don’t see landlord winning this argument.