I am a landlord. My tennant damaged my property in Miami, Florida.
After the tennant moved, I kept some of the deposit moneys to cover loses and damages
The tennant's attorney sent me this demand letter:
Please be advised that my law firm represents Ms. Y anet Frias, the former tenant of the residence located at _____________, Miami, Florida 33155. I am in receipt of your correspondence wherein you apparently have already decided, in contrast to Florida Statute 83.49, to deduct funds from my client's security deposit
. Please note that your deduction of funds without complying with Florida Statute 83.49 entitles my client to the full return of the security deposit, as well as all attorney's fees incurred.
Pursuant to Florida Statutes 83.49(3), this letter shall serve as Ms Frias' formal objection to any and all claims for damages imposed by you upon my client's Security Deposit. Accordingly, demand is hereby made for you to return the entire security deposit in the amount of $1,750.00 to my office by no later than June 17, 2015.
Notwithstanding the foregoing, my client maintains that she did not cause any damages to the demised premises and should there be any claim otherwise, any such damages pre-existed my client's tenancy. As you are well aware, Ms. Frias only occupied the premises for a one year period and when she took possession in June 2014, the condition of the floor, to which you claim was subsequently damaged, was in a much worse condition than when returned on the day Ms. Frias vacated the premises.
As to your wrongful claim from the security deposit for "reduction of life of the [ale] unit'', you cannot possibly justify same. In fact, my client had to pay out of her own pocket to clean the air conditioning conduits due to the conduits' filthy condition at the lease inception. Your additional claims for deduction from the security deposit appear to be nothing more than weak attempts to retain money for nominal wear and tear items which are exempt from a claim against the security deposit.
Please be advised that my client has multiple photographs evidencing the condition of the
premises on both the lease inception date and on the lease termination date. Further, the realtor who handled the walk-through at the end of the lease can verify that the condition of the property was practically perfect on the date the premises were surrendered to you.
Additionally, during the entire tenancy, you parked a vehicle at the premises without
compensating my client for any rent associated with your use of the premises while Ms. Frias was a tenant. Should this matter advance to a point where litigation becomes necessary, my client will certainly demand payment for the foregoing based upon reasonable market rent.
Failure to remit the security deposit in full to my office on or before Wednesday, June 17, 2015 will result in the institution of legal proceedings against you whereby my client will seek the return of the entire security deposit. Should my firm be forced to institute legal proceedings, we will seek any and all additional expenses incurred, including but not limited to, attorney's fees and costs in accordance with Florida Statute 83.49.
PLEASE BE GOVERNED ACCORDINGLY.
What do I do next?
Note that I also have pictures of how the premises were when we moved out and when the house was returned to us.