How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35335
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

I had a tenant move out after the lease was up the damage deposit

Customer Question

I had a tenant move out after the lease was up the damage deposit was $800. After I did a walk thru without the tenant presant (for there are no threats to me by him) ,there were damages that were found ,I NOTIFIED THE TENANT OF THE DAMAGES IN THE 30 DAY PERIOD WITH CERTIFIED MAIL LISTING THE COST TO REPAIR THEM. I AM HOLDING THE DEPOSIT AND WANTED TO KNOW IF I CAN START THE REPAIRS.EVEN IN THE EVENT HE DISIGREES WITH THE DAMAGES ,HE HAS 15 DAYS TO MAIL HIS OBJECTION BY FLORIDA LAW OR HE FORFITS HIS DAMAGE DEPOSIT.I HAVE PICTURES OF ALL THE DAMAGES NOT ON HIS MOVE IN/MOVE OUT LIST,SO HE IS RESPONSIBAL FOR THEM.OR DO I HAVE TO WAIT THE 15 DAYS TO START REPAIRS ? THANKS FOR ANY ADVICE ,TODD BDOOKS
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Barrister replied 10 months ago.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question..I AM HOLDING THE DEPOSIT AND WANTED TO KNOW IF I CAN START THE REPAIRS.EVEN IN THE EVENT HE DISAGREES WITH THE DAMAGES Yes, you can always go ahead with the repairs, even if the tenant disputes them. But if they do fight you on them, you might not end up being able to charge them for the cost if it got to court and a judge ruled in their favor. So keep that in mind when you are making repairs and always thoroughly document everything with lots of photos, both before you repair and after you repair for use as later evidence. You should also be taking photos of the property before the tenant moves in so as to have proof of its condition if a tenant later says damages were preexisting. And yes, if there are damages that he did not note on his move in list, the presumption is that they were caused during the tenancy and that he is responsible for the cost of repairs. As an aside, in addition to being an attorney, I have also been a landlord for over 26 years.. thanksBarrister

Related Real Estate Law Questions