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View Full Version : Landlord/Tenant question: Personal conflict & legal time frames


notamarshmallow
Dec 31, 2010, 10:01 AM
In this case, we've exited the property six months ago. The landlord was becoming physically and emotionally hostile towards a family member - so we exited a long-term but month-to-month situation. We had provided two months notice, when our state only requires one month. When notice was sent via return-receipt mail, checks for our rental periods were sent in the form of bank checks. We lived on that property for almost a full five years without any type of lease, until the last three months - when the hostility began. Those leases were month to month and stated that we were responsible for all damages and outlined the increase in rent. Those leases were not created until after we notified them that we were not intending to remain.

A walk through was done, and of course, we were not in agreement with everything. After haggling/arguing, the landlord refused to sign anything, vocally stated what they thought was a fair "price" and we stated that we should be sent receipts or a final bill.

That was six months ago - we've heard nothing since. We moved out 1 month earlier than anticipated because of the increased hostilities. So while we moved out 6 months ago, we were paid up through five months ago which is when our notice stated we were moving out.

My questions are the following:

1) How long, legally, does a Florida landlord have to notify the former tenant of damages they intend on pursuing? Does that time-clock start immediately after they take possession of the home or on the date of when the notice said we'd be gone? (Again, he had a month extra for this rental - we paid, already completed the walk through, handed over keys).

2) Is there an outline somewhere that dictates what normal wear and tear is compared to the age of things? (Carpet, major appliances?)

3) Landlord has not corresponded with us in anyway; however, recently they sent two letters of complaint to spouses superiors (law enforcement) suggesting that we caused extensive damage, left outstanding bills, slandered them, and even stole items. None of which are true. We have exit photos (and even a cleaning service bill), all our old checks/bill statements - and didn't steal anything. Some things I have receipts for, but others were gifts, second hand purchases, family heirlooms handed down without paperwork (I should mention here that the landlord and my family share common family members, now deceased). In fact, we had to leave stuff behind because it was getting so heated (nice curtain rods, draperies). Superiors responded that this was a civil matter.

I know that these aren't real complaints because we were not approached by them in all this time. However, the landlord has emotional and personal instabilities which are really just imaginary vendetta driven. They were out more to try to cause us injury and stress by going this route. However, I do believe that they are prideful enough to, when not receiving satisfaction from this route, that they will attempt to go after us civilly. Any advise on protection that way?

ScottGem
Dec 31, 2010, 10:13 AM
You didn't mention anything about a security deposit or whether you were expecting its return. So I'm unclear if your question is about that or what you are asking since this was posted in the RE law forum. I'm not going to bother looking up FL law because nowhere have I ever seen a period more than 45 days let alone 5 months. If your landlord has not sent you an itemized list of how your deposit was used, then he has forfeited the right to that deposit.

On the other hand, if you are asking whether he can still file suit against you for damages, the answer is yes. I believe the statute of Limitations is 2 years on that score.

On the other hand, the landlord had ABSOLUTELY NO RIGHT to contact anyone's employer about this. Especially not with false accusations. That gives YOU a cause of action against them. Only if they won a suit would they have that right.

Again, I'm not clear what advice you want from us. Maybe you can clarify that.