 Security deposit (by Lola1 [FL]) Aug 4, 2020 6:35 PM
 Security deposit (by Sorta Blonde [CA]) Aug 4, 2020 7:55 PM
Security deposit (by Vee [OH]) Aug 4, 2020 8:32 PM
Security deposit (by razorback_tim [AR]) Aug 4, 2020 9:01 PM
Security deposit (by LisaFL [FL]) Aug 5, 2020 7:21 AM
Security deposit (by WMH [NC]) Aug 5, 2020 10:12 AM
Security deposit (by SHAUN [FL]) Aug 5, 2020 10:28 AM
Security deposit (by LisaFL [FL]) Aug 5, 2020 1:04 PM
Security deposit (by SHAUN [FL]) Aug 6, 2020 10:04 AM
Security deposit (by Lola1 [FL]) Posted on: Aug 4, 2020 6:35 PM
Message:
State Specific Question About: FLORIDA (FL)
My tenant has cashed his security deposit refund less deductions and now wants to sue me for the difference.
Can he sue me for the entire amount of security deposit or just for the difference? --70.158.xxx.xx |
Security deposit (by Sorta Blonde [CA]) Posted on: Aug 4, 2020 7:55 PM
Message:
Fun question. First, did you send the refund in the specified time limit? It's different in each State. Check the time limit for yours. Second, did you itemize the deductions with the amount for each one? Third, Did you keep real receipts of each job done, person paid, etc. You can't show up in court without receipts to prove you paid them. Fourth, do you have good pictures of all damages when the Tenant left, when you fist rented it to them, and after the repairs? If you are good on all 4, you will probably win the case and it won't matter how much the Tenant is suing for. PICTURES are really the best especially 8x10 glossies. Little ones just don't show well. Don't want the judge to have to squint to see the damage. Good luck. --72.199.xx.xxx |
Security deposit (by Vee [OH]) Posted on: Aug 4, 2020 8:32 PM
Message:
Tenants often talk about suing but seldom make it into court when they realize the case can not be substantiated beyond a reasonable doubt, retain any and all pictures for the judge to verify the validity of the repair cost. --76.188.xxx.xxx |
Security deposit (by razorback_tim [AR]) Posted on: Aug 4, 2020 9:01 PM
Message:
He can sue you for whatever amount he chooses to.
The question becomes what amount is a judge going to award him? Somewhere between 0 and the amount he sues you for. The final answer will depend on whether you followed the rules and who is best prepared to present their case. And the sentiment of the judge. --107.77.xxx.xxx |
Security deposit (by LisaFL [FL]) Posted on: Aug 5, 2020 7:21 AM
Message:
Tenant must respond to you in writing within 15 days of receiving your notice to impose a claim on his deposit. If he didn’t do that he lost his right to object. If he objects you can negotiate with him or deny the request.
If he disagrees he can file a claim and take it to court. As long as you followed the statute and can substantiate the charges, I wouldn’t worry about it. I have never had one follow through and always include all the things I should have charged for but waived but would ask for in the event of any pushback. --216.186.xxx.xx |
Security deposit (by WMH [NC]) Posted on: Aug 5, 2020 10:12 AM
Message:
Son's tenant did sue him for refund of remainder of security deposit, withheld to combat an infestation of fleas left behind. Judge did not agree and awarded Tenant a refund, despite proof of multiple treatments by Orkin.
Son & Wife did not notice flea infestation during walk-through (required in VA) as their food (two dogs and a cat) had just been removed and they hadn't come out in force yet. It was about a week later that they came out.
They documented in the proper time frame and sent required paperwork and remainder of deposit. Judge still sided with Tenant, saying they should have seen the fleas during the walk-through. --50.82.xxx.xxx |
Security deposit (by SHAUN [FL]) Posted on: Aug 5, 2020 10:28 AM
Message:
Everything Lisa said...
This at the bottom of every SD Settlement Statement that I send out.
Enclosed is a copy of the 2020 Settlement Charges. It has been highlighted so that you may see the charges for yourself. Please note that some charges may be lower or higher depending on the cost of materials and labor. Copies of receipts, checks, and pictures of the damages are available upon written request with a self-addressed stamped envelope.
As per Section 21 of the signed lease..."Tenant also agrees that endorsement of a security deposit refund settlement check shall constitute full acceptance of settlement agreement and waiver of any claims against owner/agent."
This is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to these deductions 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 ....
--173.31.xxx.xxx |
Security deposit (by LisaFL [FL]) Posted on: Aug 5, 2020 1:04 PM
Message:
Shaun, I believe that is an unenforceable lease paragraph. They can cash the check and still contest the amount refunded in court.
I would stick to including exactly what the statute requires or it could be looked upon as if you were misleading them as to their rights under the statute, --216.186.xxx.xx |
Security deposit (by SHAUN [FL]) Posted on: Aug 6, 2020 10:04 AM
Message:
Lisa,
You're right, a tenant can cash the check and still file an objection. However, I think "enforceable" would be more Judge dependent. The clause it's self is not against FL statute.
Over the years, two different attorneys that specialize in LL/T law have approved my lease, with the clause.
--173.31.xxx.xxx |
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