Is Your Security Deposit Being Wrongfully Withheld?
Are you currently dealing with a Landlord that isn’t returning your security deposit?
A Florida landlord may or may not be making a legal claim against your security deposit. Here are a few common reasons a landlord may legally withhold a portion of your security deposit.
Landlords will often make attempts at keeping security deposits unlawfully. Sometimes it may be because they are simply greedy and other times it may be because they are unaware of the law (think Marty from The Big Lebowski). However, there are times when a landlord can legally keep a portion of your security deposit. The nuances in the law are often unknown by tenants, but a competent attorney will be able to decipher them on your behalf.
Reasons a Tenant may lose a portion of his or her Security Deposit in Florida
In Florida, landlords may be able to make deduction to your security deposit to cover (1) any unpaid rent, (2) For damage to the apartment in excess of normal wear and tear, and/or (3) Other violations of the lease agreement.
Unpaid Rent
In Florida, many leases provide for advance rent to cover the final month of a lease. Even then, if you do not fulfill your contractual obligation to pay the full monthly rent, a landlord is typically allowed to keep the portion of this security deposit necessary to cover the lost rent. The lesson here is: Don’t be like The Dude and make Marty wait too long for his rent money. Otherwise, your landlord may dip into your security deposit.
Damage Versus Wear and Tear
Your lease has just ended, and you feel like you did a great job cleaning the unit. However, the landlord is alleging damage has been made to the property while you were occupying it. It’s important to note that “damage” is different than normal wear and tear on the property. Normal wear and tear is, for example, some small nail holes in the walls from hanging pictures, a couple tiny stains on the carpet (“Ahhh not the rug man!”), dirty grout, loose handles or doors on kitchen or bathroom cabinets, reasonable amounts of dirt, dust or grime on the floors, walls, or appliances. Damage, on the other hand, is quite different. It arises from things like large holes in the walls, huge stains or holes in the carpet, extensive water damage to hardwood floors, missing outlet covers, missing or damaged smoke or carbon monoxide detectors, cracked kitchen or bathroom counter top, broken windows or doors. Thus, hiring an attorney to develop a crafty argument on your behalf may be necessary to distinguish damage from normal wear and tear in your specific case.
Other Violations
Other violations that may permit a landlord from deducting a portion of your security deposit are unpaid utilities or cleaning costs. Cleaning costs may only apply if the mess left after vacating a property is egregious. Leaving one small item of trash in a back closet by mistake is not a reasonable use of the security deposit. However, extensive garage or items left behind may be sufficient for a landlord to charge for reasonable cleaning services. The takeaway here is to make sure you take away all of your items, so the landlord doesn’t take away your security deposit.
Can the Landlord Charge Me for Cleaning?
Often, I hear from tenants,
“I swept, mopped, scrubbed and polished the unit. The landlord is STILL charging me for cleaning. Is that legal?”
As mentioned above, under normal circumstances, a landlord cannot take a deduction from a tenant’s security deposit to cover normal cleaning costs. However, landlords will often ignore tenants and take part or all of the security deposit until the renter takes action.
How Do I Recover My Security Deposit?
There are specific steps codified in the Florida Statutes that inform Florida landlords of the steps they must follow regarding security deposits. If these steps are not followed, they risk losing the right to make any claim on your deposit money. Often times, landlords fail to follow these steps required by statute. In Florida, tenants that are not represented by counsel are at a disadvantage. Landlords often believe that tenants will walk away from a lease without a fight. Sadly, tenants often do walk away because they are unaware of their rights. But knowledge is power, and we have your back.
If a Landlord intends to impose a claim against a security deposit, Florida law requires a landlord “to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim within 30 days upon you vacating the premises for termination of the lease.” The landlord’s letter must contain the following language:
“This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to _________. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord’s address).”
If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. That is where the attorneys at Landers & Sternberg PLLC will be able to assist you in determining if there is a claim. However, if you left your unit looking like the Jackass crew partied there for months, you will likely have to pay for the damages one way or another.
Is Your Landlord ignoring you or wrongfully holding your security deposit?
Contact an attorney today from Landers & Sternberg PLLC at (407) 495-1893. We can help you!