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My land lord wants to assess my security deposit for things…

Customer Question
My land lord wants...

My land lord wants to assess my security deposit for things that I consider normal wear and tear. Is that consistent with rule of real estate law?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

F

Lawyer's Assistant: Has any paperwork been filed?

Florida

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

No legal paper work has been filed

Submitted: 1 year ago.Category: Real Estate Law
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Answered in 9 minutes by:
8/11/2017
Real Estate Lawyer: Bill Attorney, Lawyer replied 1 year ago
Bill Attorney
Category: Real Estate Law
Satisfied Customers: 2,802
Experience: Attorney
Verified

Dear Customer,

thank you for posting your landlord tenant question today. A landlord isn't entitled to deuct from your deposit normal wear and tear of his property but actual damage to his furnishings.

The Florida state legislature has provided that a landlord must provide you as the tenant a notice in writing of his intention to deduct for damages.

You should send a rejection to his notice if he has sent you a notice outlining that the damage is normal wear and tear.

"FORM 12 NOTICE OF INTENTION TO IMPOSE CLAIM ON SECURITY DEPOSIT A Landlord must return a Tenant's security deposit, together with interest if otherwise required, to the Tenant no more than 15 days after the Tenant leaves the leased property. The Landlord may claim all or a portion of the security deposit only after giving the Tenant written notice, by certified mail to the Tenant's last known mailing address, of the Landlord's intention to keep the deposit and the reason for keeping it. The Landlord’s notice must be sent within 30 days of the date Tenant vacates the leased property. If the Landlord does not send the notice within the 30-day period the Landlord cannot keep the security deposit. If the Tenant does not object to the notice within 15 days after receipt of the Landlord’s notice of intention to impose a claim on the deposit, the Landlord may then keep the amount stated in the notice and must send the rest of the deposit to the Tenant within 30 days after the date of the notice. SOURCE: Section 83.4"

If the landlord continues to deduct despite your objection you can sue the landlord in the small claims division of the circuit court for your deposit and for damages for any breach he has made in relation to the above statute.

Please follow up with me on your question if you need more information.

Furthermore:

"(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."

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Thanks

Attorney Bill

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Real Estate Lawyer: Bill Attorney, Lawyer replied 12 months ago

Dear Customer,

I would like to follow up with you on your recent question.

Do you need any more information or clarification ?

Just a reminder that we experts count on positive ratings to get a credit for our reponses.

I'm not an employee of justanswer.

You do this by rating 5*****, 4**** or better.

So I hope you RATE FIVE STARS today.

Thank You

Attorney Bill

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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.

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