Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I received a notice today of my landlords intention to impose…

Customer Question
I received a notice today...
I received a notice today of my landlord's intention to impose a claim for damages in the amount of $621.90 for replacing stained carpet. I lived in my apt for 3 years took extreme care to protect all walking areas. If anything got spilled (like milk, coffee, I immediately used carpet cleaner to clean. My carpet looked almost spotless when I left and I have witnesses who helped me move and clean up who agree with that. The landlord had walked thru my apt 10 days prior to vacating, lifting throw rugs and inspecting. She said "it looks good", so I signed a lease to take a smaller upstairs apt putting up new deposits as required. After I moved out she didn't even attempt to have the carpet cleaned. Instead she had the maintenance man roll up the carpet and take pictures of any marks they could find on the back of it. They are upgrading every apt as a tenant moves out and I feel she is using my deposit to cover upgrading expense.
Submitted: 8 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 13 minutes by:
6/15/2010
Real Estate Lawyer: David L, Lawyer replied 8 years ago
David L
David L, Lawyer
Category: Real Estate Law
Satisfied Customers: 3,255
Experience: Attorney licensed in multiple jurisdictions.
Verified

Hi. As you stated, you should respond within the fifteen days to comply with Florida Statutes, Section 83.49. In fact, your letter should go something like follows:

 

Dear Landlord:

 

Please be advised that in accordance with Florida Statutes, Section 83.49(3)(b), I hereby object to the imposition of your claim against my security deposit. You are attempting to make a damage claim on carpeting that is more than three years old. The carpeting was left in good condition, normal wear and tear excepted.

 

You are put on notice that pursuant to F.S. 83.49(3)(c), if you do not refund my deposit within the next seven (7) days, I intend to pursue all legal remedies avaliable to me. Should I prevail against you in court, under Florida law you will be responsible for my attorneys' fees and costs as well as the return of my entire deposit.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask David L Your Own Question
David L
David L
David L, Lawyer
Category: Real Estate Law
Satisfied Customers: 3,255
3,255 Satisfied Customers
Experience: Attorney licensed in multiple jurisdictions.

David L 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

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We have a tenant who wants his unit repainted and re carpeted. He
We have a tenant who wants his unit repainted and re carpeted. He wants us to pay for the upgrades and he's been there Ten Years. Are we required to do this or only if it's a "health hazard" (only whe… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
Can I be charged a pet deposit for carpet when the carpet is
Can I be charged a pet deposit for carpet when the carpet is completely damaged before move-in? The tenants before completely damaged the carpet and it needs to be replaced but he claims it is now to … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,356 satisfied customers
My daughter and 2 roommates recently moved out of Wharfside
My daughter and 2 roommates recently moved out of Wharfside apartments in Seattle. There are 2 areas on the carpet next to the kitchen that have pink stains which won't come out. We have tried everyth… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I paid a 1200 decurity deposit on an apt and I had a carpet
I paid a 1200 decurity deposit on an apt and I had a carpet cleaner come in to clean up so I'd get $ back. I was only living there 7 months so the carpet had just normal wear. I took pictures of every… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
After over a year and a half I gave notice on my lease. When
After over a year and a half I gave notice on my lease. When giving notice I requested two walk thru appointments, one to determine any necessary repairs in order to get our deposit back and another a… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I live in an apartment complex. I just moved in the same complex
I live in an apartment complex. I just moved in the same complex from a one bedroom to a two bedroom with my dog. They called me and said they would not give me my deposit back. The 1st apt was spotle… read more
socrateaser
socrateaser
1,031 satisfied customers
A tenant moved out and the carpet is not worn out, but the
A tenant moved out and the carpet is not worn out, but the tenant had a cat and the tenant would wash the soil area with a chemical that left big white spots on the carpet that will not come out so th… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,654 satisfied customers
I am in Fort Collins, Co. I moved out of my apartment on May
I am in Fort Collins, Co. I moved out of my apartment on May 31, 2010. Yesterday I received a "statement Itemizing Reasons for Retention of Security Deposit - Colorado". This was dated September 9, 20… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I just did a walk through with my landlady, and she said she
I just did a walk through with my landlady, and she said she wasn't sure the carpet in my living room could be cleaned, and she might send me a bill for replacing the carpet. The living room carpet ha… read more
Jack R.
Jack R.
Partner
Juris Doctor
6,136 satisfied customers
Hi, I recently moved out of an apartment that I lived in for
Hi, I recently moved out of an apartment that I lived in for 3 years. When I moved in I had a very small dog, and paid an $800.00 deposit for him. He was litter box trained, and my home was very clean… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,508 satisfied customers
We just signed an apartment lease and were told that the apt
We just signed an apartment lease and were told that the apt would be move in ready on the 13th. There are many stains on the carpet that management has no plans to fix. There are other minor problems… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I rented a home and have moved out and done my final walk through
I rented a home and have moved out and done my final walk through with the relator. She was hired by the home owner. We had a 1000 deposit, all refundalbe. After the walk through she said we would owe… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I just moved at the end of my 12 month lease, gave proper notice,
I just moved at the end of my 12 month lease, gave proper notice, cleaned the apartment, left on good terms, etc. A security deposit was not required when I leased this apartment. I am being billed no… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
My sons last apartment kept $150.00 for carpet cleaning even
My sons last apartment kept $150.00 for carpet cleaning even though he cleaned the carpets before he left. The carpet wasn't new when he moved in and local cleaners would only charge $75 to $89 to cle… read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,003 satisfied customers
After renting a house for approximently 7 years and about to
After renting a house for approximently 7 years and about to move out, what can the landlord take out of the security deposit for what would be considered normal wear and tear or maintenance related i… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am asking on behalf of my mother who is Korean and doesnt
I am asking on behalf of my mother who is Korean and doesn't have a firm grasp on the english language. How much can a landlord take out of her deposit for cleaning and is he required to submit receip… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
We rented a property from our present landlady in June, ...
We rented a property from our present landlady in June, 2005 with a deposit of $900.00 (the rent is $900 per month). Our landlady told us in 2006 that she thought she would sell this property and to b… read more
AlanM
AlanM
Law Degree
817 satisfied customers
Can My Landlord charge me more than the security deposit I ...
Can My Landlord charge me more than the security deposit I paid for damages? I asked the manager to schedule a walk through with me , they agreed and 2 days later they called and said that they were s… read more
ADillon
ADillon
286 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