[gallagher]

My wife and I moved from an apartment which was poorly maintained overall in Florida. The landlord never exterminated the inside of the apartment for the 8 months we lived there. Never fixed the front door lock after leaving her multiple messages on her cell phone which she rarely answered at the time and took weeks to return messages. The plumbing got so bad that we finally had to move out because my wife was pregnant and has medical issues (respiratory) The toilet water got up into the bathtub and filled it up. I was a disaster for all in the building. They have building maintenance but this is a condo owned by personal owner. We had 2 months left on our lease. So you could say she owes us over 2000 in security deposit including last months rent that she has kept. She has not given us any written itimization of expenses almost 2 months after we moved from the place.
Also we repainted the bottom trim of the place which she complains about but did not change it back the way she wants (plain white). We painted it to an off white. Nothing drastic. She insists that we should have done so and as stated in her contract. No damage to the place was done other than normal wear
Do we have a case to get some of our money back?

Thanks for any help

[progunr]

Anyone can sue someone, for any reason, at anytime.

Winning, is another matter.

Do you have documentation to prove all the poor maintenance issues so that you could prove without a doubt, if you do decide to sue?

Can you really prove how many requests were made, and allegedly ignored?

I guarantee you she can prove that you didn't put things back the way they were when you moved out, and broke the lease, so she already has a leg up on you in that regard.

If the total is $2,000, that amount should be under the small claims limit, so the most you could loose is the filing fee and fee for service of the original notice, and the time you spend at the hearing.

If you feel confident that you can present and prove your case, go for it.

[Fr_Chuck]

Ok, what proof of any of the items for you have, how many copies of letters you sent to them asking for repair do you have, do you have copies of phone records that would show the calls being made?

Do you have photos of the water issues, the broken door and so on.
Was there a inspector that checked these things from the city or health department?

If you have items you can lay on the judges desk, to show him and prove everything you said, great, if you can't prove your case, then it is harder to get a siettlement

[JudyKayTee]

Ok, what proof of any of the items fo you have, how many copies of letters you sent to them asking for repair do you have, do you have copies of phone records that would show the calls being made ??

Do you have photos of the water issues, the broken door and so on.
Was there a inspector that checked these things from the city or health department ??

If you have items you can lay on the judges desk, to show him and prove everything you said, great, if you can't prove your case, then it is harder to get a siettlement

FrChuck said it all concerning leaving early - as far as the painting is concerned if your lease restricts the color of the paint you can use and you went outside that restriction you owe her for the cost of re-painting.

[excon]

Hello g:

In my view, if you sued them, and they counter sued for the rent, they'd win.

excon

[ScottGem]

Well, I have a different take on things. Florida, like most states, has a time limit on the return of any security deposit. At the top of this forum is a link to Florida laws. You want to pay special attention to sections

Statutes & Constitution :View Statutes : flsenate.gov

Statutes & Constitution :View Statutes :->2007->Ch0083->Section 56 : flsenate.gov

And

Statutes & Constitution :View Statutes : flsenate.gov

Sec 51 can be used to justify breaking the lease. Sec 56 details what happens when terminating the lease. Section 49 shows the rules governing return of the deposit.

Since the law states that they have to provide an accounting of how the security was used within 30 days of when you vacate, they forfeit the "right to impose a claim upon the security deposit".

Since you say its been 2 months, then that deadline is gone. So regardless of the fact that you broke the lease, they would seem to have no right to use the security towards either unpaid rent or damages.

If they do sue you for unpaid rent and damages and you can show that they did not live up to their end of the lease as defineid in Sec 51, then you can win that as well.

[smoothy]

I hope you made all complaints in writing and have proof it was sent otherwise its your word against theirs. And since you broke a legal contract and you are making accusations of poor maintenance the burden of proof rests on you.

However where you live determines your rights. Certain places are so horribly pro tenant in their laws I wonder why anyone rents out property there. Washington, DC is such a place. Some places are very pro property owner.

Make no assumptions.