New Lease/landlord using rent for old lease damages

[Goodgirl1013]

What is the name of your state (only U.S. law)? Florida
We lived in an apartment for 3 years and decided to move into a larger building..so we signed a new lease and now the apartment complex is billing us for bogus charges for the old apartment which we are disputing. The Security Deposit was transferred to the new apartment, so even thought we are disputing with them in writing, we recived a letter stating they will not accept our November rent payment unless we pay the charges for damages which is 1,250.00. Can they do this? Can they use our rent towards damages we are disputing? We signed a new lease so I thought they could not use the other apartment against this new one. We are afraid we will get evicted. Please any advise would help. This complex has a history of being nasty and not returning money.

 

[FarmerJ]

You still have a right to dispute the amount they claim you owed BUT if you really did the damage you will need to pay the bill. Send your november rent via certified mail with return reciept card with a letter explaining that you would like more details as to the damage they claim you did. IF you didnt do the damage they claim or you think they are being unfair then make them take you to court and prove the claim. BTW if they reject the rent payment make sure to set it aside and do not spend it, if the court agrees with you they might want you to pay the rent to the court that day.

 

[MIRAKALES]

Management is not using or applying the rent toward the damages. Management indicated that rent would not be accepted until tenant’s account is made current. The security deposit is applicable toward the former apartment (damages, repairs, cleaning, unpaid rent, etc.) Tenant would be responsible for the balance if security deposit exceeds the damage charges.

The “transfer” of security deposit to the new apartment is an accounting practice to acknowledge the application of the deposit toward another rental for an existing tenant. The security deposit “transfer” would not be complete because the new apartment would require a larger financial security (presumably new apartment is larger and more expensive).

To address tenants questions: Management can evict for any lease violation (unpaid rent, unpaid security, premise damages, etc.) Tenant can only legally dispute the damage charges by negotiation with management or in a court of law. The signing of a new lease does not remove liability from existing damages.

It would be helpful to confirm the rental amounts, security deposit amounts, and details of damage charges.