Landlord withholding security deposit in FL

[Jim Skaff]

Hello all,

First time poster and long time admirer here. I have an issue and I'm not sure if I should get a lawyer or not. My landlord just sent us just an excel document listing "damages" and their "cost". He is withholding about 1k for general wear and tear things and ventilation cleaning due "to a strong marijuana oder". This is the first we have heard in 30 days since moving out on time. We always paid on time. He never sent any proof.

Warmest regards from Florida,

Jim

[Randall Alan]

So has it been more than 30 days since you moved out before he contacted you?  If so, he forfeits his rights to hold the deposit and must return it.  (although he can then sue you for damages) See bold highlight below from the Florida Tenant Statutes

Otherwise it is a civil matter. You would have to object to his withholding of funds and go to court to get it back.  He will have pictures, and receipts.  Not sure how you fight it unless you took pictures, etc before hand.   As for the ventilation cleaning, you might investigate what they did to clean it.  Not sure how you clean something for a smell... but can imagine that they might also do things where the unit was just dirty... like clean the coils, etc that may not be applicable to a smell... so you might be able to argue that some of his maintenance was preventative, and not tenant induced.  

Best of Luck

Randy

From Florida Statute 83.49:

(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant’s last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form:

This is a notice of my intention to impose a claim for damages in the amount of upon your security deposit, due to . It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction 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 (landlord’s address) .

If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit and may not seek a setoff against the deposit but may file an action for damages after return of the deposit.

(b) Unless the tenant objects to the imposition of the landlord’s claim or the amount thereof within 15 days after receipt of the landlord’s notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages. The failure of the tenant to make a timely objection does not waive any rights of the tenant to seek damages in a separate action.(c) If either party institutes an action in a court of competent jurisdiction to adjudicate the party’s right to the security deposit, the prevailing party is entitled to receive his or her court costs plus a reasonable fee for his or her attorney. The court shall advance the cause on the calendar.