Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Legal Question
Customer reply replied 1 month 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: 41,070
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.

.

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:

.

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.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month ago
But how do I actually go about doing that and what to I write to my former landlord?
Customer reply replied 1 month 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.

.

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.

.

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

Ask Your Own Legal Question
Customer reply replied 1 month 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.

,.

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..

.

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..

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 1 month 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..

Ask Your Own Legal Question
Customer reply replied 1 month 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.

.

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..

.

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.

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,070
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,070
41,070 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

8,775 satisfied customers

JD, BBA Over 25 years legal and business experience.

Ely

Ely

Counselor at Law

24,353 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

20,727 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

42,358 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo J. Senmartin, Esq.

Guillermo J. Senmartin, Esq.

Attorney

292 satisfied customers

7+ years of experience handling various legal matters.

< Previous | Next >

Related Legal Questions
This is regarding a Small Claims filing in Los Angeles. I
This is regarding a Small Claims filing in Los Angeles. I have two questions. We received a letter in the mail regarding a postponement of a court date, however our company has not been served. What s… read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
1,148 satisfied customers
What forms are needed to defend yourself in small claims
What forms are needed to defend yourself in small claims court and counter sue in small claims court? … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Would the case number on the plaintiff small claim (that's
Would the case number ***** the plaintiff small claim (that's me now) form SC - 413 be the same case number ***** the original case number ***** by the plaintiff who sued me outside of small claims?… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Can a small claims case that was dismissed with predjudice
Can a small claims case that was dismissed with predjudice be vacated? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
What's theStatue of limitations for small claims court.
What's theStatue of limitations for small claims court … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
20,089 satisfied customers
Question in 2015 a small claims claims case was brought
Question in 2015 a small claims claims case was brought against me.On September 2014 … read more
Allen M., Esq.
Allen M., Esq.
JAG officer and former adjunct prof.
Juris Doctor, Cum Laude
20,089 satisfied customers
I was served with a small claims complaint for 1400.
I was served with a small claims complaint for 1400. Claiming services were rendered. I did not sign a contract for services and they were only partially completed. Can I submit a counter claim for ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Can an attorney represent a plaintiff in small claims court
Can an attorney represent a plaintiff in small claims court in Nevada? … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
I was left with a small claims citation from a roofing
I was left with a small claims citation from a roofing contractor for the full amount of the balance but he has only completed the roof and not the complete job. The mortgage company has the money. … read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
I lost in small claims and I was the plaintiff. However this
I lost in small claims and I was the plaintiff. However this is a contractor's case and I am the homeowner who is out a lot of money to this person who walked off the job. The judge pro tem stated tha… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
Recently my case was dismissed in Small Claims 'cause the
Recently my case was dismissed in Small Claims 'cause the judge was waiting for an appeal decision on brought against my my neighbor for Wind Chimes. I had brought additional charges of purjury that h… read more
DanLegal
DanLegal
Law Partner
Juris Doctor
302 satisfied customers
I need assistance with questions on a small claims suit
I need assistance with questions on a small claims suit involving a auto insurance company… read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I recently went to small claims and won the judgement but
i recently went to small claims and won the judgement but the judge awarded to the business of the defendent and dismissed the defendent. There were to claims, one for 5250.00 it was damage to my apar… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
10,118 satisfied customers
Can a patient sue owner dentist in small claims if
Can a patient sue owner dentist in small claims if incorporated and arbitration was signed. How to dismiss this case?… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
Small Claims court. I bought a membership in a financial
Small Claims court. I bought a membership in a financial news letter. Do I send the Small Claims complaint to the individual making the recommendations in the news letter or do I send the complaint to… read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
20,727 satisfied customers
I recently won a small claims verdict the defendant is
I recently won a small claims verdict the defendant is appealing my hearing is on Friday 3/23 in superior court. My original case was factual and I presented a paper trail and solid witness that I was… read more
Bruce Schreiber
Bruce Schreiber
Juris Doctor
299 satisfied customers
Rozier an I'm looking for a small claims attorney or lawyer
hi my name is ***** ***** an I'm looking for a small claims attorney or lawyer because I'm trying to get some furniture out of my ex girlfriends apartment that I was living that is in my name an she w… read more
Damien Bosco
Damien Bosco
4,153 satisfied customers
I have a hearing tomorrow in small claims court. The
I have a hearing tomorrow in small claims court. The defendant just called me wanting to know if “we” were still going to the hearing and if I would have legal representation. He said if I came with a… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
29,349 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x