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P. Simmons
P. Simmons, Attorney
Category: General
Satisfied Customers: 26525
Experience:  45 years old, retired Marine Officer, current attorney
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I just moved out of my apt and my landlord charged me for replacing

Resolved Question:

I just moved out of my apt and my landlord charged me for replacing a patio glass that he claims my dog scratched up. I know my dog didn't scratch the door, I called the company that replaced the glass & he said that the landlord was rushing them to get the job done & depose of the glass. I told my landlord I wanted to take pictures of the glass for my records for court. The cost was $300 to replace the glass, plus I had to pay 212.00 for the carpet to be shampooed 2x's because he wasn't satisfied with the 1st cleaning, which looked fine.
After all that, I am taking him to civil court to get my whole deposit back. He has written me a ck for $400, my question is if I cash the ck, do I have the right to sue him or is cashing it mean that I agree with him and there's not anything I can do?

Thanks,
Tina from Jax FL
Submitted: 4 years ago.
Category: General
Expert:  P. Simmons replied 4 years ago.
Can you tell me when he gave you the check, was the understanding that the check was to resolve all your issues...or was there any discussion about what the check was for?
Customer: replied 4 years ago.
I received it in the mail 10/09/09 and it states that it's the balance of my security deposit. My initial deposit was 785.00, but he states that 60 was for pet fee, but on my ck I wrote security dep and when I gave him the ck he wrote pet fee which was not in my lease and no discussion of a pet fee not is it on my lease.
The ck he gave me was for 470.00, but I pd out of my pocket 112.00 for the carpet and he deducted the cost to replace the glass & the 60 pet fee. I know for a fact the scratches were there when I moved in and have proof from the people that has lived here for 10 yrs plus some members on the HOA board.

I hope this helps
Expert:  P. Simmons replied 4 years ago.
Thanks

You can cash it and sue him in small claims for any additional money he owes...this check will not prevent you from suing him.

P. Simmons, Attorney
Category: General
Satisfied Customers: 26525
Experience: 45 years old, retired Marine Officer, current attorney
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