Legal Question in Real Estate Law in Florida
My husband and I have been renting a property for about 6 months now. In lieu of a deposit, the landlord had us make improvements to her home that she claimed only added up to 1,000 (the deposit money we should have paid her). In total, we cleared her backyard (which was in horrendous condition; it was necessary to cut down a few small trees and such), remove rotted/old fencing, fix plumbing inside our home and another tenants, pressure wash the exterior and paint it as well. That was a lot of work for two young parents to accomplish. Now, our washer broke down, flooding the house and ruining some of the carpet (which she claimed she was going to replace when we moved in but never did. Carpet must be at least 10 years old). She says if we do not finish painting her house and replace the ruined carpet, she will be able to hold us monetarily responsible for rescinding on our original agreement, and for the next 6 months of our lease (totalling about $4,500 dollars or more). Can she sue us for ruined carpet in one room and failure to paint her house even though we labored through a deposit, and improved her home with labor far beyond the $1000 stipulation?
2 Answers from Attorneys
Was ANYTHING in writing? Regardless, you are not required to pay for anything that is not stated in your lease. How does the lease document the deposit? Without seeing the lease, not much advice can be given.
Your story demonstrates why lease agreements, and work for hire should be reduced to writing, so that the parties don't suddenly develop amnesia. You will need a lawyer to show that she has been unjustly enriched by your labor. The good news is that she must sue you, and it's cheaper to be the sue-ee than the sue-er.
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