Fort Lauderdale, FL asked in Real Estate Law and Landlord - Tenant for Florida

Q: My lease ended on October 31, 2017 During walk through inspection everything was good except the realtor noted that the

landlord may want to withhold some security deposit money for landscaping, which I was responsible for maintaining. She said she would check with landlord and get back to me. 35 days later I had not heard from anyone and no money was returned. Has the landlord forfeited his right to withhold any money? This is in Broward County Florida. The realtor says that because something was noted during the walk through they have over the 30 day limit stated in the statute to get quotes. Meanwhile when I contacted them on day 35 they got me a quote the same day for the full amount of the security deposit. I have taken photos of the yard on day 35 and it is clean cut and trimmed. The sod is not great, there are weeds, but it is difficult to maintain sod in south florida, especially after a major hurricane. The last 6 weeks of my lease were after Irma. Also what is normal wear and tear for a yard after 26 months?

Thank you,

Amanda

2 Lawyer Answers
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: There is no exception for any days beyond the 30 in the statute. But saying that there is no such thing as "wear and tear" on landscaping; it is alive or dead/in bad shape. If it was not maintained and died under your watch, it is likely at your cost (deposit) to repair/replace now. If you want to argue it you will need to sue, and if you lose and they are entitled to the deposit to fix the landscaping then you will also pay landlord's attorneys fees. So it may not be worth it.

Andy Wayne Williamson
Andy Wayne Williamson
Answered
  • MIramar Beach, FL
  • Licensed in Florida

A: Based upon the facts you present, the landlord failed to meet the 30 day statute. The statute has no provision for extensions or delays, 30 days is 30 days. So yes you can fight the situation. You may want to consult with a tenant attorney on this issue to see what your options are and the lease likely has an attorney fee provision.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.