Miami, FL asked in Contracts for Florida

Q: HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

HI, I live in Miami Florida. I am renting an apartment and about to leave the apartment because my lease is finishing.

My landlord took the oven to be fixed 11 months ago and never fixed it. i paid rent monthly on time. now the landlord wants to take some of my deposit for painting.

I want to know what option can i have.

thank you

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3 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Tallahassee, FL
  • Licensed in Florida

A: If you never complained about not having an oven for 11 months I would say you are a tad late to do so now. On the other hand, it never hurts to ask: tell the landlord you will forget about not having an oven if he will forget about taking some of you deposit to paint the wall behind where the oven used to be.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Orlando, FL
  • Licensed in Florida

A: Painting is part of normal wear and tear and you should generally not be burdened with this cost and have your deposit taken as a result as it is not a damage, painting is generally done each time an apartment turns over as the normal process and the tenant should not be charged for this unless you somehow destroyed the walls with your own paint, markers, etc. Not having an oven for nearly a year is a problem, hopefully you complained about this ongoing. If push comes to shove you can take them to small claims for your deposit. Landlords trying to charge for regular painting and or regular worn carpet is generally a no-go, I would encourage you to review your lease closely as well.

Linda Liang
Linda Liang
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: I don't think it is your responsibility to paint the house. You should talk to the landlord and ask why he wants to do so. If he can't give you a reasonable answer from your lease, you should request the full deposit back.

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