Thieving landlord (Tallahassee, Ocala: apartment complex, rental homes, appliances)

[hvergaetira]

Hello,

I'm just registered to this forum. I have lived in Tallahassee for the past year in a certain crummy apartment complex. I moved out of said complex on 7/31/08 at the completion of my lease. I prepaid the entire lease period and deposit ($300) before moving in. Anyhow, upon moving in I took pictures of the apartment. The painting and appliances were imperfect but not completely falling apart. I hated the place. There were leaks, roaches, and most likely mold. All of the damage was noted on the move-in form.

The property manager sent me a claim against my deposit last week. Many of the charges were insane! I'll break them down:

*$85 for cleaning: I cleaned it thoroughly. I left some roach spray and two rolls of toilet paper inside, and they had the audacity to tell me that they charge that much for a full cleaning, regardless of how much stuff is there. I left it there to be polite, thinking maintenance might need it or something.
* $90 for repainting: I never even hung anything on the walls because I knew I'd be out of there at the end of my lease. After talking to the manager, he said that there were a couple of scuffs on the wall. I showed him my move-in pics which also show scuffs. He said he'd talk to his supervisor. In my mind, repainting should be their responsibility unless I did something extraneous to the walls. Plus, they WERE scuffed when moving in.
*40 for carpet shampoo: To be fair, I didn't have it professionally cleaned, as I thought I didn't have to. I therefore don't object to this charge.
*20 for drip pans. I cleaned them as best as I could, but the stove was finicky. I also don't object to this charge, then.
* $4.90 for certified mail, to send the claim to me! This is perhaps the most ridiculous one.

He said he'd talk it over with his supervisor, but I am still livid. I got a check for $60.00 from them today, and I of course will not cash it. I've searched for FL tenant/landlord law and believe that any minor scuffs or whatnot fall under general wear and tear. I believe it's fair to deduct 20 for the cleaning if the two items I left were so offensive, and 20 for the drip pans, as well as 40 for the shampoo. I can live with an 80 dollar deduction.

Thank you in advance for any help/advice. I'm seriously considering plastering the internet with reviews of this property management company. They did not hold my original lease...the place switched hands twice since moving in. I mostly don't want them to get away with this. Are there any consumer reporters in Tally? From what I've heard, this has happened to many other tenants who just moved out.

[Lilybeans]

Write a letter to him telling him you object to him taking any money from your security deposit. Send it certified. He will have to go to court to make a claim on it. At court, ask him to prove his case, and also demand proof that he kept the deposit segregated in a non interest bearing account.

[Retiredcoach]

You have to ask yourself if it is worth the time to file a case for $175. There is the case to be made for winning on principle, but losing your time, or just plain losing. You will need to pay the initial filing fees, prepare for your case thoroughly, and attend a court date that may cause you to miss work. All this, and you could still lose.

I have been a landlord for many years, and have needed to go to court 3 times over security deposit issues. As much as you might feel justified, $175 is not very much money for cleaning and/or painting that you may have missed or inadvertently damaged. Oh, I was able to defend my security deposit deductions and won all three cases. There is a certain uncomfortable feeling that comes with losing and paying that additional money for the court case. Also, I would be very careful about posting anything that cannot be proven... you could find yourself as a defendant instead.

[Carbondated]

Our county bar association provides free legal services to people in your situation. Often, all it takes is a letter with a lawyers name for them to back down from their claim. Good luck.

[MyHomeIsInOcala]

I would send a copy of your letter along with your photos of said issues to the FL State Attorney's office, you can file a complaint on-line as well.

[Retiredcoach]

Normal wear and tear within a rental unit is to be expected. "Broom clean" is an acceptable standard, as well. Asking an attorney to work pro bono for a $175 claim (including writing a letter) would be a real stretch. and would not have the desired effect of "intimidating" the landlord. To make a long story short, even modest marks on the walls that could easily be shown by the landlord as damages warranting a $90 charge. His/Her case could be based upon pictures or video, as well.... probably with greater emphasis upon troublesome areas. The cleaning fees at $85 could easily be justified (bathrooms & kitchen appliances are often not cleaned to the expected standards) with landlord pictures, as well. Did OP have a written exit inspection with landlord ... probably not?

Writing to Florida State Attorney is likely another lesson in futility. The FSA will forward a copy of complaint to the landlord, requesting a response to the complaint. Most landlords comply, and seldom will any additional action need to be taken (unless a series of said complaints are on file).

OP may be frustrated and angry now, but should probably move on. Learn from the experience and realize that the landlord has probably the stronger case this time. Even if OP believes that he/she is right, it is probably a losing (and potentially costly) proposition.

[hvergaetira]

Thank you, everyone, for your help. I don't have a written exit inspection because the property manager refused. They said they were too busy that day, it being the end of the month and all. I'm also very sure that I did no damage to the apt. The initial paint job contained scuffs and the floor was old and stained. My pics show this. I actually sat down with the manager on Friday and we went over my pictures. He said he'd talk to his supervisor and show her my evidence. He seemed unhappy about having to enforce the "company policy," but that may have been a good cop/bad cop line. I don't want to go to court. I'm a Ph.D. student who has a heck of a lot on her plate. I'm going to think about how to proceed. I'm waiting for him to contact me again. My hope is to negotiate the return of a reasonable amount.

In terms of what I plan to post online, no worries, I only plan to post the truth. I'm not one to make stuff up. My evidence shows a spotless (save for the old condition of the place) apartment on move-out date, similar conditions at move-in, and dead cockroaches galore. I dealt with a year-long roach infestation and other such lovely things.

Again, I appreciate all of the input. It gives me much to consider.

[MyHomeIsInOcala]

I HAVE personally used the State's Attorney General for this exact type of complaint, and I did get my money back with-in days after their office directly contacted the Landlord.

Florida also has a complaint form on-line with the Division of Consumer Complaints, I DID used this in conjunction to the Attorney General.


Some landlords and or managers are just used to dealing with people who will not fight or stand up for their rights, so do not get discouraged.

As long as you have proof (pictures and or video of the residence, before and after), you may find it helpful to just go ahead and try. I have owned rental homes and have rented homes to live in short term, so I hope you find the answers you need.


Resources for you:

800helpfla.com/complnt.html *File a Complaint - Division of Consumer Services, DOACS

800helpfla.com/landlord_text.html *Florida Landlord/Tenant Law Division of Consumer Services, DOACS

leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1 *Statutes & Constitution :View Statutes : Online Sunshine

floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588?OpenDocument *Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

myfloridalegal.com/ *Florida Attorney General - Home Page[/url]

Again, I wish you luck!!!

All the best to you!

[Retiredcoach]

Originally Posted by MyHomeIsInOcala

I HAVE personally used the State's Attorney General for this exact type of complaint, and I did get my money back with-in days after their office directly contacted the Landlord.

Florida also has a complaint form on-line with the Division of Consumer Complaints, I DID used this in conjunction to the Attorney General.


Some landlords and or managers are just used to dealing with people who will not fight or stand up for their rights, so do not get discouraged.

As long as you have proof (pictures and or video of the residence, before and after), you may find it helpful to just go ahead and try. I have owned rental homes and have rented homes to live in short term, so I hope you find the answers you need.


Resources for you:

800helpfla.com/complnt.html *File a Complaint - Division of Consumer Services, DOACS

800helpfla.com/landlord_text.html *Florida Landlord/Tenant Law Division of Consumer Services, DOACS

leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1 *Statutes & Constitution :View Statutes : Online Sunshine

floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588?OpenDocument *Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

myfloridalegal.com/ *Florida Attorney General - Home Page[/url]

Again, I wish you luck!!!

All the best to you!

Normally I would agree with your position, if you were talking about 100's of dollars. For $175, I still maintain that this may be an ongoing exercise in futility. As a landlord, I could easily justify and defend (and have) the modest charge for the wall repair and repainting that is being assessed before a judge... it is only common sense that walls may be bumped and damaged in the process of moving. Try to find a painter willing to professionally repair and paint walls for under $100. Did OP have a move-in and a move-out checklist signed by both parties, noting any pre-existing damages complete with pictures? If not, a case will be difficult to prove, especially since the cost of the perceived damages is so reasonable. The same would go for the extra cleaning charge...

It all comes down to the amount of time that one wishes to invest for a principal. Between phone calls, writing letters, copying pictures, filing a claim, going to court, taking time off work, and possibly consulting with an attorney for $175 seems to be a huge commitment to attain a small reward... especially when this prolongs your personal stress/angst/anger. If it is your assumption that the landlord is being unreasonable, a judge will examine the complete evidence with more impartiality (the landlord will have his/her pictures & receipts to justify). As long as the landlord brings his/her own conflicting evidence, most cases like this are won by the landlords.

[hvergaetira]

Originally Posted by MyHomeIsInOcala

I HAVE personally used the State's Attorney General for this exact type of complaint, and I did get my money back with-in days after their office directly contacted the Landlord.

Florida also has a complaint form on-line with the Division of Consumer Complaints, I DID used this in conjunction to the Attorney General.


Some landlords and or managers are just used to dealing with people who will not fight or stand up for their rights, so do not get discouraged.

As long as you have proof (pictures and or video of the residence, before and after), you may find it helpful to just go ahead and try. I have owned rental homes and have rented homes to live in short term, so I hope you find the answers you need.


Resources for you:

800helpfla.com/complnt.html *File a Complaint - Division of Consumer Services, DOACS

800helpfla.com/landlord_text.html *Florida Landlord/Tenant Law Division of Consumer Services, DOACS

leg.state.fl.us/statutes/index.cfm?Mode=ViewStatutes&Submenu=1 *Statutes & Constitution :View Statutes : Online Sunshine

floridabar.org/tfb/TFBConsum.nsf/0a92a6dc28e76ae58525700a005d0d53/e21a25a8c288bed98525740800537588?OpenDocument *Consumer Tip: RIGHTS AND DUTIES OF TENANTS AND LANDLORDS

myfloridalegal.com/ *Florida Attorney General - Home Page[/url]

Again, I wish you luck!!!

All the best to you!

Thank you so much! These are excellent resources. I'm going to peruse the links and make some contacts tomorrow. I feel that I, as well as other former tenants who also wronged, should complain. If the complaints are valid, then they will be addressed. If not, then we'll know.