Ask Me Help Desk - Security Deposit!

Hi; I have a situation on where my previous landlord wants to keep my deposit. I lived in his property for 3 years. Never paid a late rent nor did any damages in his property. His house has 16 years and never had made any changes except for the counter in the kitchen. The shades (verticals) of the windows, rug, vinyl and everything in the house remained un change or replaced but when I moved in his rugs, vinyl and verticals where damage. He gave me the OK to change the verticals and I put new ones but now he wants to keep my deposit, charging me for his old ones also he put new vinyl after I moved for the next tenant and wants to charge me for it. I left the property completely clean and he is charging me for cleaning. I leave in Florida and two years ago we had hurracanes that passed by Orlando leaving damages in a lots of the houses. His house got the roof and some screens damage wich his insurance paid for it but now he is also charging me for 2 screens that got damage by hurracane Charlie. When I first moved I had to paint inside of the property and had to do some maintenance in the house because he was out of state. I made replacements and use my money to repair and he never reinburse me the money. What can I do with this situation? He charged me with for verticals $380, $300 for vinyl that was not damage only wear out (16 years), $120 for two screens that were damage by the hurracane Charlie and he got paid by the insurance, $150 for cleaning and he didn't had to clean at all or take trash out. His realtor walk and took pictures with me and knows that the property was in excellent conditions. Please let me know what can I do. I have live here in Orlando Florida for 17 years and never had a situation like this. All your advised will be appreciated.

I would just short pay the last months rent by the amount and explain in a letter (with proof of delivery) that he ok'd each minor modification you did and therefore has no right to keep your security deposit and let him respond after you move out, get a lawyer if you need to but be sure he doesn't have a valid reason, why would blinds even cost 380 and if he was OK with you replacing them and he took the blinds you took off then you owe him nothing.

Assuming you have already moved, then you have to take the landlord to court. You will need to get the realtor (who you say works for the landlord) to testify as to the condition of the home.

Whether you paid on time isn't going to mean anything. It comes down to whether there was normal wear and tear or whether there was damages done by the tenant that were more than normal wear and tear.

The landlord is going to have to come up with actual receipts for every item, If he has given you figures that are exactly $380, $300, $120 it is obvious that he doesn't have exact receipts. Cleaning, within reason, is done by every landlord before re-renting the property. I would file a small claims case against the landlord. This will force him to bring actual receipts. I suggest you subpoena the realtor and any pictures taken by the realtor. Even with small claims cases, you have the right of discovery. If you don't already know who his insurance agent is, you should make sure you know who it is and again subpoena the agent and the records for the claim. This should prove your case. In most states, the judge can and does award double the amount kept by the landlord, if it is found that the landlord kept money that was not due.

Quote:

Originally Posted by landlord advocate

Whether you paid on time isn't going to mean anything. It comes down to whether there was normal wear and tear or whether there was damages done by the tenant that were more than normal wear and tear.

The landlord is going to have to come up with actual receipts for each and every item, If he has given you figures that are exactly $380, $300, $120 it is obvious that he doesn't have exact receipts. Cleaning, within reason, is done by every landlord before re-renting the property. I would file a small claims case against the landlord. This will force him to bring actual receipts. I suggest you subpoena the realtor and any pictures taken by the realtor. Even with small claims cases, you have the right of discovery. If you don't already know who his insurance agent is, you should make sure you know who it is and again subpoena the agent and the records for the claim. This should prove your case. In most states, the judge can and does award double the amount kept by the landlord, if it is found that the landlord kept money that was not due.

Thank You... Your answer was very helpful...