Legal Question in Real Estate Law in Florida

Claim for damages over sixty days after leaving

I moved out of the landlord's premises over 60 days ago. When returing the unit to the landlord, we did not go over an inspection of the apartment but it was given back in a very good condition.

I have just received a letter from a collection agency stating that I owe the landlord over $800 dollars that I can only assume are for damages (all rent had been paid). There was no deposit on the rental agreement.

Florida law requires that a landlord notifies by certified mail for any claim it may have over any money for damages up to 15 days after termination occurs.

Can they still claim damages over 60 days after?

If they can, and assuming there were damages, how do they prove there were damages and to what extent am I responsible for them? If there was a small damage and they decide to make a big repair out of it, how can I limit my responsibility to damages caused by me?


Asked on 2/03/01, 7:14 pm

1 Answer from Attorneys
Wendell Finner Wendell Finner, P.A.

Re: Claim for damages over sixty days after leaving

A landlord can claim damages to premises at any time within the statute of limitations. Failure to send the 15 day notice means the landlord must return the security deposit, not a complete waiver of claim to damages. Testimony of the home's condition, along with photographs if availabe, would be introduced into evidence by either side to show damages. A carpenter or other expert witness may testify about the cost of repair. The landlord may choose not to file suit, but the tenant can file a small claims case to clear his credit. If written notice of the tenant's dispute has been given to the landlord the landlord must mention the dispute in any credit report -- failure to do so violates the Florida Collection Practices Act.

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Answered on 3/19/01, 11:17 am


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