Landlord imposing claim for smoke odor

[Grandhampton]

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

I have received a notice of intention to impose claim on security deposit from my previous landlord stating 3 days rent (not disputed that I owe), cleaning & removing smoke odor (very much disputed), tacking down carpet in 2 rooms (very much disputed) totaling $929.50. Background, when I moved in back in December, 2007, the walls had not been painted (probably since 2005 when built), the carpet had been cleaned, but really needed to be replaced due to spots and just warn. My security deposit was $1295.00 plus an additional $250.00 non-refundable pet deposit. There was no walk thru by the landlord, the front door was left unlocked and the keys were left in the kitchen drawer. I had to call upon my arrival (moving from Alabama to Florida), to let her know that the place was not clean, there were crumbs in all the kitchen cabinets, grease on the stove, slime in the bathrooms, she sent some cleaning people over that day and took care of it.

When I made my last lease payment on December 1, 2008, I sent a note notifying the landlord that I would be moving out, but that I was buying my own home and did not know the exact date and needed to know if it would be okay to rent month to month at the same rate. She agreed and asked that I allow her to start showing the property asap. I agreed and never once in those 30+ days refuse to allow any showing even when I was not notified of such. I had told her that I would probably be moving no later than the 10th of December at this time. When I learned of my closing date, I notified landlord by email (as this is how we had always communicated) approximately 15 days prior to moving out that I would be leaving on January 3rd and needed the know what the rate per day for rent would be so that I could send a check. I never heard a word from landlord so I sent another email on January 4th letting her know that I had moved out and the keys and garage door opener were on the kitchen counter. Still heard nothing from her until I received this notice today. After all the furnishings were removed, all carpets were swept, tile floors swept and mopped and all bathrooms cleaned. The place was better than when I moved in before she brought the cleaning people in.

First, I am a smoker, but I never smoked in this home, only outside as my son lived with me and cannot tolerate the smoke. In Florida, is it not required to state the smoking policy is the lease?

I feel that she is trying to keep my security deposit so that she can do the upgrades that are needed to rent the property, such as painting and replacing the carpet.

What right do I have against the unfair landlord?What is the name of your state (only U.S. law)?

 

[FarmerJ]

If your LL didnt want smoking in the unit yes the LL would have to have it in the lease. BUT even with out smoking in a unit a tenants particular style of cooking for example can leave walls in poor shape. Same with candle use, they give off alot of particulate that sticks to walls. If you think what the LL has held back is not fair you can file small claims court case and dispute it that way. Bring with you to court your pics you took of the units final condition.

 

[Alaska landlord]

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

I have received a notice of intention to impose claim on security deposit from my previous landlord stating 3 days rent (not disputed that I owe), cleaning & removing smoke odor (very much disputed), tacking down carpet in 2 rooms (very much disputed) totaling $929.50. Background, when I moved in back in December, 2007, the walls had not been painted (probably since 2005 when built), the carpet had been cleaned, but really needed to be replaced due to spots and just warn. My security deposit was $1295.00 plus an additional $250.00 non-refundable pet deposit. There was no walk thru by the landlord, the front door was left unlocked and the keys were left in the kitchen drawer. I had to call upon my arrival (moving from Alabama to Florida), to let her know that the place was not clean, there were crumbs in all the kitchen cabinets, grease on the stove, slime in the bathrooms, she sent some cleaning people over that day and took care of it.

When I made my last lease payment on December 1, 2008, I sent a note notifying the landlord that I would be moving out, but that I was buying my own home and did not know the exact date and needed to know if it would be okay to rent month to month at the same rate. She agreed and asked that I allow her to start showing the property asap. I agreed and never once in those 30+ days refuse to allow any showing even when I was not notified of such. I had told her that I would probably be moving no later than the 10th of December at this time. When I learned of my closing date, I notified landlord by email (as this is how we had always communicated) approximately 15 days prior to moving out that I would be leaving on January 3rd and needed the know what the rate per day for rent would be so that I could send a check. I never heard a word from landlord so I sent another email on January 4th letting her know that I had moved out and the keys and garage door opener were on the kitchen counter. Still heard nothing from her until I received this notice today. After all the furnishings were removed, all carpets were swept, tile floors swept and mopped and all bathrooms cleaned. The place was better than when I moved in before she brought the cleaning people in.

First, I am a smoker, but I never smoked in this home, only outside as my son lived with me and cannot tolerate the smoke. In Florida, is it not required to state the smoking policy is the lease?

I feel that she is trying to keep my security deposit so that she can do the upgrades that are needed to rent the property, such as painting and replacing the carpet.

What right do I have against the unfair landlord?What is the name of your state (only U.S. law)?

On move in the apartment was dirty but later on was cleaned by a cleaning crew, hardly something that will work in your favor since the landlord had rectified the problem. She prorated the rent even though she could rightfully charge you for the full rental period. That she has not painted in the last few years is also a non issue. Cigarette smoke is considered damage. That you didn't smoke in the house is irrelevant since you introduced the smoke odor in your clothing. Or by the occasional puff when you just didn't feel like smoking outside. Your landlord will have to wash the walls and all appliances and possibly even paint. To me it appears that she should charge you much more than the deposit being held.

 

[dolebot]

You are going to have some issues.

1. FL Law requires that you provide the landlord with written notice 60 days in advance of your lease termination - that you intend to move. I see that you provided about 35 days of notice.

If you disagree with the amount claimed from your deposit and sue the landlord for it - beware that they will nail you to the wall for #1 above in a counterclaim. They can get another 25 days worth of rent out of you if they press it.

cleaning & removing smoke odor (very much disputed), tacking down carpet in 2 rooms (very much disputed) totaling $929.50.

Cost of carpet in a 2 room apt is about $350 give or take - for really cheap stuff. Painting, or washing walls, etc to remove "smoke odor" would be about $500 if they actually did it. so your LL has at the very least done her homeowrk and knows how much stuff costs. Unlike mine which attempted to charge $1500 for a refrigerator that was 19 years old and not in any disrepair.

I submit that perhaps they never did any of this and are fleecing you for the deposit. Of course they could be just subsidizing upgrades with it, or just replacing stuff they believe that you wrecked. It doesn't matter as far as your concerned. Its not your business. You only care that they are claiming part of the deposit.

Still heard nothing from her until I received this notice today

Was it sent certified mail RR? If not you could be quite dishonest as the law stipulates how that notice is to be sent.

Lookup the Florida Statutes - re: landlord tenant section for your remedy - which is to sue the landlord. The first step is to object to the claim via certified mail.

However as noted above, if you pursue action - expect a counterclaim.

 

[xylene]

The carpet having to be retacked is the epitome of normal wear and tear.

"Smell" of smoke is just being ridiculous. The landlord is going to have zip case unless smoking was prohibited in the lease.

 

[Alaska landlord]

Not prohibiting the smoking in the house does not mean that the LL will accept smoke damage in the unit. Tenants are expected to wipe down walls and eliminate the smoke odor from the home when they vacate. Renting a home that reeks of cigarette smoke is difficult. Tenants are expected to deliver the unit in the same condition more or less as when they acquired it.