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just had 3 pictures hung in the whole house. My husband spackled them. Also I meant to say DRYER vent cleaning. Which my husband did because the dryer wasn't drying properly. It just so happened all of the cost of damages equaled my entire deposit. My husband even touch up painted! The parts where the kids put their feet on the wall.
Then be sure your demand letter met your jurisdiction's standards, and file a claim.
I was renting from a reality company. I know when filing in small claims courts I need to list them as the defendant. The actual owner lives in Hawaii. Do I have her served too? or just the reality company?
I was renting from a reality company. I know when filing in small claims courts I need to list them as the defendant. The actual owner lives in Hawaii. Do I have her served too? or just the reality company?
Just the Realty company then. And make sure you have all your pictures, receipts etc
Correct, just the realty company. Your contract was with them not directly with the owner. Hopefully they will adjust that refund statement when they receive your letter, if not, file. When they get served I'm betting you hear from them.
I was just informed by the reality company that the owner will not give back my deposit even after my dispute letter. I am suppose to get an email with all invoices. I have pics showing a spotless house!!! didnt take a pic of the yard but it WAS mowed. Will a court believe witnessess? The law doesn't spell out what wear and tear is clearly. What exactly are landlords responsible for after a tenant moves out? painting? changing batteries in smoke detectors? I lived there 4 years never missed a rent payment. Just want to know what are landlords responsibilities before renting to another tenant? So frustrated right now!!! help!!!! I have always had awesome landlords, and have gotten back all of my security. Just not sure if these items are my responsibility. Like I said before, have pics of a spotless house! even base boards and frig were clean.
The light fixture is on you. (Should have removed the broken o one regardless of who purchased it)
Any stains, dirt/dust, kid/pet damage, (you mentioned kids feet on wall)broken blinds/screens/items unreported, is on you but you stated you cleaned and painted.
Worn down paint, ductwork, worn down patches of carpet/flooring, is all on landlord.
I was just informed by the reality company that the owner will not give back my deposit even after my dispute letter. I am suppose to get an email with all invoices. I have pics showing a spotless house!!! didnt take a pic of the yard but it WAS mowed. Will a court believe witnessess? The law doesn't spell out what wear and tear is clearly. What exactly are landlords responsible for after a tenant moves out? painting? changing batteries in smoke detectors? I lived there 4 years never missed a rent payment. Just want to know what are landlords responsibilities before renting to another tenant? So frustrated right now!!! help!!!! I have always had awesome landlords, and have gotten back all of my security. Just not sure if these items are my responsibility. Like I said before, have pics of a spotless house! even base boards and frig were clean.
First of all, did they do ALL of this when you paid the deposit? This is law. Start here and post back. If they did all of this to the 'T' then we can move on to address the rest.
Is Written Notice Required After Receipt of the Security Deposit in Florida?
Yes. A landlord is required to notify the tenant in writing no more than 30 days after receipt of the security deposit. The notice shall state: A. The name and address of the bank or institution where the security deposit is being held. B. If the tenant’s funds are being kept separate or if they are being commingled with other funds for the benefit of the tenant C. The interest rate at which the security deposit is being held (if it is being held in an interest bearing account) D. This notice can be delivered by mail or in person. In addition, if the landlord changes the location or the terms at which the security deposit is being held, he or she must again notify the tenant in writing within 30 days.
And secondly, did they do all of this? This is law as well:
If you plan to keep a portion of the security deposit: You have 30 days from the termination of lease to notify the tenant in writing of your intention to keep a portion of their security deposit. You must: A. Send this notice by certified mail to the address you have on file for the tenant. It is the tenant’s responsibility to provide you with a forwarding address. If they do not, the landlord is not required to provide them with written notice of the security deposit. B. State your intention to keep a portion or all of the security deposit and list the reasons why C. Inform the tenant they have 15 days from receipt of this letter to contest it, but they must contest it in writing. If you, the landlord, fail to notify the tenant in writing within 30 days, you automatically forfeit your right to keep any portion of the security deposit.
If the tenant does object to your claim:
The matter could go to court. Whichever party wins will be entitled to the court awarded sum, plus will be allowed to recover court costs and attorney fees from the losing party.
I was just informed by the reality company that the owner will not give back my deposit even after my dispute letter. I am suppose to get an email with all invoices. I have pics showing a spotless house!!! didnt take a pic of the yard but it WAS mowed. Will a court believe witnessess? The law doesn't spell out what wear and tear is clearly. What exactly are landlords responsible for after a tenant moves out? painting? changing batteries in smoke detectors? I lived there 4 years never missed a rent payment. Just want to know what are landlords responsibilities before renting to another tenant? So frustrated right now!!! help!!!! I have always had awesome landlords, and have gotten back all of my security. Just not sure if these items are my responsibility. Like I said before, have pics of a spotless house! even base boards and frig were clean.
You will be out $35 for the fixture. The rest of it, sue for in small claims court. Get all the documentation you can. If you showed them pictures of the house, and claim that you mowed the lawn, that might me all you need.
In court, highlight line by line every dispute you have. You should prevail.
Yes all this was done. They just sent the invoice along with pics. The pics were of dust on 1 fan blade, and flith behind the stove. and some dirt on the wall. I did not move the stove and clean behind it. The invoice was charging me for trimming trees and removal or bushes, cleaning the entire house, which my mom and I cleaned (pics to prove) repainting the house (inside) 1 slat in the blinds. Also stated the grass was really tall and had to be mowed. (have witness to prove this was done,but not a pic). I do agree to carpet cleaning, the company said they would take that out of security and that is my responsibility. Charging for batteries. The invoice has everything listed on one page. No receipts that anything was done. What is the landlords responsibilities or is this all mine? I have rented before and never been charged for anything like this? I thought they always painted before the tenant moves in. Its $175 to file in small claims just dont want to waste money if this is all my responsibility.
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