Is it worth going to small claims court? Do I have a case?

[jim p]

I recently moved out of an apartment complex here in Florida. The landlord/real estate company sent me a letter stating that they are imposing a claim against my security deposit. I did not get along with the apartment manager, so I took extra steps to make sure the apartment was in good condition when I moved out. I even took pictures of the apartment after the cleaning. She charged me for a full house clean and a repaint. I wouldn't let this bother me so much, but after spending two days cleaning and buying all those supplies I feel cheated. I objected in writing within the time frame set by Florida law. All they did was let the same manager reavaluate her first decision. Well as I figured no changes were made. She stated in her second letter that the apartment did not meet thier companies standards for being clean and that there were stains on the wall that needed to be sealed and thus repainted. If I were to go to court and try to collect in small claims court, what are the chances I would win? The pictures were not specific in which I took pictures of every wall, but I took pictures of every room bath, kitchen, room, and living room. Is the landlord responsible for some cleaning with out charging the tenant? Should I go to court? I looked over the walls and didn't feel they needed to be painted. Would it then be just my word against the apartment managers? Any help would greatly be appreciated. THANKS

 

[wtd]

>>She stated in her second letter that the apartment did not
>>meet thier companies standards for being clean and that there
>>were stains on the wall that needed to be sealed and thus
>>repainted

If you take this to small claims court -
I would think that the cleanliness would be no problem, if your photographs show the place as being reasonably clean as you indicate. Photos were a good idea.
The judge will look at the photos and it will be up to his/her judgement whether or not it's reasonably clean. The company's standards won't matter one whit.
As to the paint/stain - this would be a tough one I think. I think that you, as the plaintiff, would have the burden of proving that the stain was not there when you left (dicey, at best). A walk through and damage release/statement would have made this one go away.

Since you seem likely to win on the cleanliness and the paint is kind of iffy, I think I would get a list showing the items of work done and the amount of your deposit applied to each item, so that during the hearing, if the company sees that it's losing the clean claim and winning the paint claim, they can't turn their arguments towards minimizing the cost of the cleaning and maximizing the cost of the paint.

Not a lawyer - just some thoughts - hope something in here helps,
Good luck
wtd