[tampagal]

Thanks for reading.

I live in Fl and rented on a month to month basis. I had a wonderful relationship with my landlord and always paid rent on time.

At the end of March I called my landlord and let him know that I purchased a home and would be moving out at the end of April. He was fine with it - he asked if he could show the place to future renters, I said fine - Everything was all good.

At the end of April we met at the rental unit and I returned the keys. I asked if he wanted my address to return the security deposit to ($700). He became all uncomfortable and mumbled how his painter and "work guys" had to go through it and see what he needed to deduct (I left the place clean and in great condition - I took pics with my father-in-law present). I could immediately tell he had no intention of returning the deposit to me.

I am so tired of being pushed around - a friend is a lawyer and the next day he wrote a letter to my landlord demanding the deposit be returned. This made my landlord furious and he then sent me a letter by regular mail saying not only was he keeping my deposit, but I owed him 500 dollars MORE. He said he needed to repaint for 700, landscaping 250, and more ridiculous/untrue things. His letter had incorrect dates and misspellings.

My lawyer friend wrote a letter pointing out incorrect dates and saying we would file a suit if the money wasn't returned. My landlord then resent the same letter by certified mail with corrected dates and added that I had not given WRITTEN notice to terminate my lease (this is true and I now know my mistake.)

We are now taking him to small claims court. What are my chances? Will the fact that I did not give WRITTEN notice ruin this for me? Does he have to produce proof of the account he supposedly kept my security deposit in? Can we make him produce receipts for the supposed repainting and repairs?


Thanks so much! :)

[N0help4u]

You have the pictures now it is up to him to PROVE he made necessary repairs.
You are not responsible for things he WANTED to change to make claims against your deposit.
He is required to send you an itemized letter of cost of damages and repairs.
Then you can take him to court with your proof of the pictures to show NO there was no hole punched in the bedroom door and NO the window was not broke.

[ScottGem]

I doubt if the lack of written notice will damage yoiur claim. The landlord appears to have accepted the notice and his showing the property shows that.

The only mistake I think you made was immediately demanding the deposit. You should have waited for the statutory period proscribed for returning the deposit before having your friend write a letter.

The real problem you will have is if his contractors testify that there was damage that had to be repaired. But I suspect that the court will order some of your deposit returned.