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

Related Topics:
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

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.

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.