Homestead, FL asked in Landlord - Tenant for Florida

Q: Security Deposit - House that was renting

I moved out of the house that was renting.. Within the 30 days I received the notice of withheld of deposit with the reasons. I replied back with a well explanatory letter and provided pictures to proof that the items in question why deposit was being held it is false and not fair. Afterward I received as a response another claim of deposit new letter telling me that previous offer is void and non-negotionable and final. On this new notice new items are claimed to be damaged.

My question is, can a landlord do this by law ? I am asking because if that is the case why give 30 days to claim damages and then allowed to add more. Being such then no one be able to get no deposit back since landlord will be able to add damages (true or not) at any time.

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1 Lawyer Answer
Robert Jason De Groot
Robert Jason De Groot
Answered
  • Deltona, FL
  • Licensed in Florida

A: You raise a very good question. You should go to speak with an attorney about this problem. The landlord is probably estopped from claiming damages in a second letter like this. It depends upon the case law, as well as the statute, and how the statute is interpreted by the courts.

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