Legal Question in Landlord & Tenant Law in Florida
We paid a security deposit of 1200.00. We patched and painted the affected areas before leaving the residence but were unable to get perfectly matching paint due to the age of the paint, even though we used the same number/color as was indicated in the paperwork for the home. Our landlord is claiming 1000.00 to repaint the interior of the house. If we used due diligence to procure paint that should have matched the house based on the color information available, is she allowed to keep a substantial portion of the deposit to repaint the entire interior?
2 Answers from Attorneys
How long were you there? Normal wear and tear is not your obligation to pay for. That is the purpose of renting so that the income they receive - some can be put away for repairs and the balance as a profit to them. I suggest you let them know that if they do not return the deposit that you will file a small claims court case against them for the return and they will be responsible for the attorney fees (if you hire one) and the court costs.
Your lease controls the terms between you and the landlord. It sounds like you made a really good effort to make it all match and work. The cost of repainting an apartment normally is borne by the owner unless you caused unusual problems. Patching is all well and good but spot painting really does not put a wall back in the original condition. Again, your lease controls, but you would have a reasonableness standard imposed as well. Hard to really answer without more information. Prior answer is accurate about security deposit if it is not returned.
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