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    floridatenant's Avatar
    floridatenant Posts: 2, Reputation: 2
    New Member
     
    #1

    May 15, 2007, 06:01 AM
    Florida Tenant disputing Security Claim
    Hello, I rent in Cape Coral, Florida. I appreciate any help with my question! I rented from a property management company for the past year, and actually was working for them up until a few months ago. My lease was up in April and my fiancé and I moved out. I knew about claiming my security deposit so I cleaned the house inside and out, touch up painted, cleaned the carpets, etc. I photographed the interior of the home upon move-out. I received my security claim from the property management company. They were keeping $300 of my security due to "changing the batteries in the fire alarms" which were all working correctly upon my move-out, "pressure washing the driveway", and they were "cleaning the carpets in the master bedroom closet". Upon move-in, I submitted a scratch and dent form stating all damages before move-in. One of these items were the black stains in the master bedroom closet. I submitted my objection to this claim in writing by certified mail to them. I received the certified receipt stating that they did receive it. It has been over 2 1/2 weeks now and I have not received any response. I do not know what I need to do next. I think I have a good claim and that I should receive most of my money back with the exception of I guess the pressure washing the driveway? If anyone could let me know, that'd be great! Thank you in advance.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member
     
    #2

    May 15, 2007, 06:15 AM
    Hello florida:

    You did good so far. Your next step is a suit in small claims court. It's quick, cheap and easy. By the way, file for $300 battery rip off too.

    At the top of this forum, you should find a sticky with all the landlord/tenant laws in the country. If you're lucky, Florida sanctions landlords for not getting the deposit back within a certain time limit and allows you to collect triple damages. Check it out.

    excon
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    May 15, 2007, 06:20 AM
    Send the mgmt company a follow-up asking for copies of bills for the work they claim was done.

    I assume that the batteries was just one small part of the $300. But I don't see why you should have to pay for that.

    In your letter give them a date (a minimum of 2 wks) by which they have to provide the accounting or refund the money. If they don't then you will have to file in small claims court.
    floridatenant's Avatar
    floridatenant Posts: 2, Reputation: 2
    New Member
     
    #4

    May 15, 2007, 06:41 AM
    The management company has their own maintenance company. When I use to work for them, when these claims came in they would make up the invoice to send to the tenant. So I'm sure they will just send me the exact claim as an invoice. The estimate for damages was as follows:

    Pressure washing driveway $95
    Carpet Cleaning Closet $95
    Replacing batteries and reinstalling alarms after replacing batteries $110
    (they are charging me labor at $40/hr and materials plus markup)

    Do I have the right to go and file a claim? Or do I need to resend the letter with the time frame? I appreciate all help. I wouldn't have objected the claim because I just want it to be done and over with but the things they are claiming to me are absurd. The house was rent ready and looked better than when we moved in. :( It's upsetting.

    Thanks!:)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #5

    May 15, 2007, 07:13 AM
    You don't have to wait if you don't want to. The only charge that seems reasonable is the pressure washing.

    You have proof that the carpet issue was a pre-existing condition so you aren't responsible for that. And $110 to replace a few 9V batteries is ridiculous, even if you were responsible for that. I can understand them wanting to make sure there were fresh batteries for a new tenant. But that's not your responsibility.

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