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I have moved out and received a list of unreasonable damage…

I have moved out...

I have moved out and received a list of unreasonable damage charges. I responded to each one, agreeing to carpet stains but that place was impeccably clean when I left. I videoed the whole apartment before I left since they would not do a walk thru with me. The response I received back doesn't even sound like they read my contest. Everything is normal wear and tear issues if an issue at all. Hope do I push thus issue further? I deserve part of my deposit back and I definitely do now owe any extra like he is charging.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

Florida

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

Simple wear and tear issues

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Says it was filthy. Holes in wall

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Customer reply replied 4 months ago
I fixed a lot of prior holes. Also being charged for light cover that maintenance broke and couldn't give me a new on but promised it would be amended to our file so we wouldnt be held liable for it
Answered in 6 minutes by:
3/19/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,611
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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If you sent back your response to the landlord's claims within 15 days of receiving their notice, and they won't resolve the issue with you, then your recourse is to then sue them in small claims court where you can sue for your damages, costs, and attorney fees.

.

The law says this:

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FL Statutes 83.49 Deposit money or advance rent; duty of landlord and tenant.—

(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.

(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.

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thanks

Barrister

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Customer reply replied 4 months ago
But how do I actually go about doing that and what to I write to my former landlord?
Customer reply replied 4 months ago
the phone call is not covered in the membership I just signed up for?

The phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

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However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

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I am more than happy to continue on the website though..

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Customer reply replied 4 months ago
No, I am happy with this way too. So how do I actually proceed with this Shylock of a landlord? Where can I place a complaint against him as well as how do I go about filing?

You send the landlord another letter stating that if they don't refund $XXX of your deposit (you said you agreed with some charges) then you will file a lawsuit in small claims court for the amount plus attorney fees as allowed under FL Statutes 83.49.

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Then if they don't respond in a few days, you go down to the local courthouse and file the lawsuit.. the clerks will have the summons and complaint forms you need to file to get started if you didn't want to hire an attorney..

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Then the sheriff will serve the landlord the lawsuit and you would show up on the court date with your evidence and tell your story to the judge. The landlord actually has to prove that the charges are legitimate or he loses. It is kind of like "Judge Judy", but with less sarcasm..

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thanks

Barrister

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Customer reply replied 4 months ago
I use my video as proof in the court? Would you recommend actually hiring a lawyer or it is pretty simple?

Absolutely... that is critical proof of your claims that you left the place clean and undamaged. Honestly, it is pretty simple and literally like it is on Judge Judy.. you go in and tell your story and show the judge your evidence.. But in the letter you send the landlord before filing suit, say you are going to sue them for attorney fees as well. That might scare them into settling with you instead of being dragged into court and possibly have to pay for an attorney..

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Customer reply replied 4 months ago
Ok, then that is what I will do. If I have any further questions as I proceed, will they get to you this way or do they randomly get assigned?

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me. otherwise they just go out to any available expert on the site..

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,611
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
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