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MIAMILAW1127
MIAMILAW1127, Attorney
Category: Landlord-Tenant
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I am a landlord and own a house in FL. The house is managed

Customer Question

I am a landlord and own a house in FL. The house is managed by a management company. The previous tenant now ask for money back (which is $XX deducted from deposit for clean, repair..). The management company standby their view and said it should charge them. They have move in/move out picture, also have inspector as witness. So they said we should not return them money back. The thing is the management only manage the house but will not represent us in court if the tenant go to court. We are far away and don't want to go to court, how should we do in this case?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. My name is***** am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Customer: replied 1 year ago.
OK. What's your opinion?
Expert:  MIAMILAW1127 replied 1 year ago.

In Florida, if a tenant asks for the return of a security deposit and the landlord intends to withhold some, or all, of the security deposit, then the landlord must provide an itemized breakdown of the amounts they are withholding and the reasons why.

For example if the security was initially $800 and there were the following expenses:

1. Cleaning costs $120

2. Plumbing repair $40

3. Carpet shampooing $80

You would need to return to the tenant $560 of their security deposit.

What ends up happening many times is the tenant sues the landlord for the deposit. This would require you to defend yourself. Typically, the deposit is not more than $5,000 so it ends up in small claims court. It may end up costing you more than the security deposit in attorney's fees to defend this.

Expert:  MIAMILAW1127 replied 1 year ago.

Are you trying to do a phone call?

Customer: replied 1 year ago.
Can you talk to me now?
Expert:  MIAMILAW1127 replied 1 year ago.

Yes I can.

Expert:  MIAMILAW1127 replied 1 year ago.

It is saying that your payment for your phone call request has not cleared.

Customer: replied 1 year ago.
Sorry, I don't know there is a extra charge.
So just type here is OK.
The thing is the management maybe do everything right, that is why they standby their view and refusing the return money. But if go to court, they don't represent us.
Expert:  MIAMILAW1127 replied 1 year ago.

So, even if you are in the right with this (as it seems you are), you must decide whether it will be worthwhile for you to invest the money/time to fight the tenant (if they really would file suit).

I would wait to see if they would file suit, if they do, then return the deposit to them in exchange for them dropping the action.

Customer: replied 1 year ago.
That is right. We really except the management company to settle for us but they seems not want to.
Customer: replied 1 year ago.
I am not sure why they stand firm on this. They should know our position.
Customer: replied 1 year ago.
Any more suggestion?
Customer: replied 1 year ago.
The tenant sent us the letter (through a lawyer) to us thread to go to court, but management send back the letter to the tenant and his lawyer states why not return money. But stand firm. Any other suggestion?
Customer: replied 1 year ago.
Are you still there?
Customer: replied 1 year ago.
I think you try to charge me $52 and get rejected from my credit company (fraud alert). Why you doing that?
Expert:  MIAMILAW1127 replied 1 year ago.

The management company will not fight the case for you as that would be your responsibility as the landlord.

At this point, see if they will file suit. If they do, return the money.

Expert:  MIAMILAW1127 replied 1 year ago.

I'm not trying to charge you. The phone call is extra. That is built into the website.

Please do not forget to rate my response at your earliest convenience.

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