SD Claim
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SD Claim (by Sara [FL]) Jun 12, 2019 9:46 PM
       SD Claim (by Mike [PA]) Jun 12, 2019 10:26 PM
       SD Claim (by Jason [VA]) Jun 12, 2019 10:26 PM
       SD Claim (by Sara [FL]) Jun 12, 2019 11:01 PM
       SD Claim (by fred [CA]) Jun 12, 2019 11:12 PM
       SD Claim (by Robert J [CA]) Jun 12, 2019 11:44 PM
       SD Claim (by DJ [VA]) Jun 12, 2019 11:45 PM
       SD Claim (by CGB [MI]) Jun 13, 2019 12:17 AM
       SD Claim (by Oregon Woodsmoke [ID]) Jun 13, 2019 11:00 AM
       SD Claim (by John... [MI]) Jun 13, 2019 4:57 PM
       SD Claim (by Vee [OH]) Jun 14, 2019 10:13 AM

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SD Claim (by Sara [FL]) Posted on: Jun 12, 2019 9:46 PM

On my lease, it says I have 30 days to give written notice to my tenant of my intention to impose a claim.

My tenant has previously said the kitchen tile was incorrectly installed and broke when he was walking on it, though he never reported the damages when they happened and we found out during an inspection.

After he moved-out, my handyman was doing repairs and determined that the tile was not incorrectly installed and was broken due to impact. There is a mark on the threshold indicating this, which he has taken a good picture of and sent to me.

I intend to impose a claim for $75 which is what it cost me to replace the tile. My lease states that the tenant has 15 days to object to my claim, in writing. Of course I am hoping he does not write back and then I will be authorized to deduct this amount and return the rest of his deposit. However, if he does write back and says his same story of "faulty installation", what happens next? My lease does not say next steps in this scenario. I am asking my attorney who wrote it but I also want to ask you guys, specifically, what happens if they contest it? Do you write back with your notice to impose the claim anyways? Can you not impose a claim then and must sue for the money?



SD Claim (by Mike [PA]) Posted on: Jun 12, 2019 10:26 PM

You can deduct it and worst case he files a court claim suing you for it plus costs.

SD Claim (by Jason [VA]) Posted on: Jun 12, 2019 10:26 PM

I donít understand why youíre asking for their permission to make a deduction. I also donít understand why youíre promising to return the deposit within 30 days, unless thatís your states law. I wait the longest that my state allows just in case hidden damages show up.

Youíre in charge, not the tenant. Take out ALL of your valid deductions and send his refund along with an accounting statement showing where his deposit went. If he doesnít like it, so what? He can pay the $100+ to sue you (he wonít). If I have a whiner, Iíll send the deposit refund (or bill) to them and then block their number. Done.

SD Claim (by Sara [FL]) Posted on: Jun 12, 2019 11:01 PM

I am going by instructions in the lease prepared by the attorney by the state of Florida. For some reason it says he has 15 days to respond, thatís what I donít get, what difference does it make what he says?

So I should send the claim letter with the deductions already made and the check back to him all at the same time, right?

SD Claim (by fred [CA]) Posted on: Jun 12, 2019 11:12 PM

I write on the back of the check:

" Endorsement of this check is a full acceptance of SD refund "

Tenants who just left need every bit of their SD back and will quickly cash the refund check, basically agree to the charges and deductions.

SD Claim (by Robert J [CA]) Posted on: Jun 12, 2019 11:44 PM

During many of my renters tenancies they have caused damage. Some deliberate and others by accident. If I worried about every little thing each time I'm informed and learn about it, I will have a heart attack or stroke! Not worth being a landlord if I can't just simple deal with "known" concerns dealing with "people" aka "tenants".

When a tenant had a second refrigerator delivered to a rental home, instead of using a side door giving them entry to a second master bedroom suite with a wet bar and entertainment area, the tenant had their refrigerator delivered through the front door.

Across the entry tile area and laminate flooring. The dolly used scratched some flooring and cracked 3 tiles.

The dolly wasn't a wide tire dolly designed for appliance delivery, but instead a dolly for landscaping outdoors.

So three times were cracked and 2 pieces of laminate needed replacement. Since I installed the flooring myself, I'm a contractor, I had around 20 pieces of extra tile and a 3 full boxes of laminate.

I told my tenant that they should have put in a claim with the appliance vendor and their delivery company. It was months later and too late to expect payment. So instead of driving my tenants crazy and making them sick to their stomach, I declared the following:

If this is the worst thing that we'll have to deal with, then I can "eat" the cost of repairs (not telling them I have the materials to fix it). They were so appreciative that they contacted their renters insurance and put in a claim to the appliance company.

The appliance company asked me "what do I want". I replied, I need a 12,000 BTU window A/C deal for another tenant. They offered me a 6 month old floor model for $100, that was never used and delivered it to another rental in the area...

When the tenant moved out 4 years later, I replace the broke tiles and replaced pieces of laminate -- taking me around 2 hours to do both...


SD Claim (by DJ [VA]) Posted on: Jun 12, 2019 11:45 PM

Either there is some odd law in FL regarding security deposits, or you have a dud of an attorney. Study the law, then you'll know if you need a different attorney. Access the law in the upper left area of this page.

SD Claim (by CGB [MI]) Posted on: Jun 13, 2019 12:17 AM

Check your laws. The wording that he has 15 days to respond makes me suspect there is a law that if he objects, you have to return it or file a small claims case.

SD Claim (by Oregon Woodsmoke [ID]) Posted on: Jun 13, 2019 11:00 AM

You have to give an accounting of where the deposit went. I would simply write $75 to repair broken tile and make a note with that line item that an inspection by a professional third party determined that the tile had been correctly installed and there was evident of breakage caused by a blow.

There is a very low chance that a tenant will cause trouble over $75. I'm guessing he was afraid the claim would be for the entire floor and would cost him thousands.

SD Claim (by John... [MI]) Posted on: Jun 13, 2019 4:57 PM

What CGB said is how it is in Michigan. Basically, they have a period of time to respond/object and, if they do, then it puts the burden back on the LL to have to go to court to deduct from the S/D and it otherwise needs to be returned.

It sounds like FL might have something similar?

- John...

SD Claim (by Vee [OH]) Posted on: Jun 14, 2019 10:13 AM

Why fog up your lease with these terms? It is already spelled out in LL/tenant laws, let the court operate under the statutes and not yours - when you have your own island and legal system it would be great but a judge will look at this and say I side with the tenant.

Anyway send an accounting statement with amount withheld for each repair of damage, also it is best to make damage repairs while the tenant is still present adding to next rent cycle, it helps them get back the whole deposit amount.

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