Legal Question in Landlord & Tenant Law in Florida

Our LL decided to place his house on the market 2 months prior to us moving out. During the inspection process conducted by the potential buyers, he was told that several minor cosmetic items had to be fixed such as the closet doors being repaired due to the springs not working properly. He chose to purchase replacement doors rather than fixed the old doors. Also. the LL never physically lived in the home and had a previous tenant in the home prior to us. We rented the homes as is. The home was not cleaned or there walls painted prior to moving in. The LL did not do a pre inspection with us. Can the LL deduct the cost of the repairs requested by his bank and the home inspector from our security deposit?

Asked on 5/15/18, 9:04 pm

2 Answers from Attorneys

Barry Stein De Cardenas, Freixas, Stein & Zachary

Hard to answer this without more details. can he do this, yes? should he do it, would depend on the complete details involved in the repairs which are needed. paint and cleaning are normal expenses incurred after a rental and would not be charged. damages done by you during your tenancy due to neglect or indifference would be your responsibility. No way to know where these repairs fit in without more detail.

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Answered on 5/16/18, 2:25 am

Levi Wilkes Levi Lawrence Wilkes, Attorney-at-Law, PLLC

Your lease and the evidence needs to be reviewed by an attorney. In any event, your landlord will need to comply with Florida law when attempting to make a deduction on your security deposit after you move out. If he does elect to notice you for a deduction, and you don't agree with his assessment you will send an objection and then the money will be held in escrow awaiting some resolution. Hope this helps.

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Answered on 5/16/18, 6:44 am

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