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    Terilb's Avatar
    Terilb Posts: 1, Reputation: 1
    New Member
     
    #1

    Aug 17, 2010, 01:20 PM
    Deposit dispute/No lease agreement
    I rented a place for over two years. The roof started to leak plus there were various other problems that were never taken care of. I signed the lease with the agreement of the property having a dishwasher, washer and dryer, etc... The dishwasher never worked, nr did the washer and dryer. These things were reported 3 times verbally (my bad) to the office. But it was no big deal to me. However when the roof for the downstairs started to leak quiet badly, it was of great concern. This was reported (3) times to the office. Finally a contractor was sent out. Then I never heard from any one again. Well I did not sign a lease again when it ran out either. I continued to live there another 3 months and paid my rent accordingly. I moved out the 1 of July and had the power/water shut off. I gave no 15 or 30 day notice. However we did tell the office verbally we had moved. Now 49 days later I receive a letter stating...

    Unpaid rent due----$1150.00
    From-July 1, 2010 to July 31, 2010.. ( I lived/payed rent elsewhere for the mo. Of July!)
    Carpet Cleaning----200.00
    Late Fees Due-----$0.00
    Security Depsit Forfeiture---$1150.00
    Abandnment (check)
    Total Damages and charges ---$2500.00

    Total Deposits-----------$1150.00
    Less Total Charges------$2500.00
    Refund Due Tenant------$0.00
    Net Due From Tenant----$1350.00

    Is this legal? Can someone explain. I live in Florida.
    So they want me to forfeit me deposit of 1150.00
    Pay a month I wasn't even there (why would I stay in a place with no water or power and pay rent else where?)
    Charge me 200.00 for carpet (what was my deposit for?)
    So that's the 1350.00 I take it... But where and what is my deposit going to? Please, could use any advise :( Thx in advance :)
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #2

    Aug 17, 2010, 01:50 PM

    The ONLY thing in question here the deposit forfeiture. That you owed for July is without question. You left without giving any notice, which I am sure was a violation of your original lease. So yes you would owe for July.

    The carpet cleaning is a reasonable charge.

    This site gives info about return of security deposits.
    http://www.legalaidocba.org/document...TYDEPOSITS.pdf

    From what else I was able to find, there is Florida law that allows for the forfeiture of the deposit when the tenant breaks the lease, which is essentially what you did. But its iffy if the landlord can apply it.

    So I would send him notice (and you need to do this within 15 days of receipt of that notice) that you understand you owe the July rent and carpet cleaning, but don't believe the forfeiture of rent is applicable. Include a check for the $200 as settlement of the claim.

    If he takes you to court for the additional $1150, its 50/50 whether you will win. If you lose, you may also be required to pay his attorney fees.

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