Can he do this? --LEGAL-- (rental, lawyer, tenant)

[Mojado]

My landlord is keeping my $1000 deposit. He claims that the lawn is destryed and it's my fault. I have photos of my lawn when I moved in a year ago and it hasn't degraded since then. The lawn is spotty with brown patches. The sprinkler system hasn't worked since before I moved in and he was notified a year ago. We are also only allowed to water the lawn from 1800-0600 on Tuesday nights due to Drought level 1 in Hillsborough County. What was I supposed to do?
Anyway, I think I have a case in small claims court, but it will cost me a few hundred just to get to court. Also, he owns quite a few properties and can afford high prices lawyers.

Is it worth it for me to take him to court.

[Strel]

Originally Posted by Mojado

My landlord is keeping my $1000 deposit. He claims that the lawn is destryed and it's my fault. I have photos of my lawn when I moved in a year ago and it hasn't degraded since then. The lawn is spotty with brown patches. The sprinkler system hasn't worked since before I moved in and he was notified a year ago. We are also only allowed to water the lawn from 1800-0600 on Tuesday nights due to Drought level 1 in Hillsborough County. What was I supposed to do?
Anyway, I think I have a case in small claims court, but it will cost me a few hundred just to get to court. Also, he owns quite a few properties and can afford high prices lawyers.

Is it worth it for me to take him to court.

How is it going to cost you hundreds of dollars to go to small claims?

Also, think about it this way. Would he be willing to pay his high-priced lawyer $5000 to defend a claim for $1000?

[Mike1306]

YOUR SECURITY DEPOSIT ( Florida Statute 83, Sec 83.49)


* As previously mentioned, always take a last walk-through with the landlord before you vacate the rental dwelling! Note any damages in writing and reach a final agreement concerning any financial penalties which may occur or that may jeopardize the status of your security deposit return.

*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 tenant is required to give the landlord a valid address at which the tenatnt can be contacted.

*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.

*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.

*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.


Basically just give him a forwarding address. Do not mention that he has 30 days to give you notice by certified mail of his intention to impose a claim on the deposit. If you do not receive notice in 30 days call him and ask for the deposit. If he does not comply you can refer to this and inform him if he does not return your deposit he will also be liable for your legal fees.

A good portion of landlords are not aware of the procedure for security deposits and this should help you get yours back. If he does send you the letter you will need to court and your pictures should be compelling evidence of the prior condition of the lawn so you should still be able to recoup your deposit and any other fees.