Q: Landlord won’t allow tenants to inspect property to ascertain accuracy move out report, not return deposit
Landlord is charging tenant for painting inside of house (normal wear and tear) $800
Pruning bushes that should not pruned until Fall $100
Cleaning house (garage had cob webs, two blinds in dining room dusty) this after tenant paid professional cleaning service to clean. $250
Replacement of back porch door from 15 yrs of wear and tear $150
Replacement of cook top due to scratches $200
Pressure washing back patio $150
All these estimates
A: Pursuant to Florida precedent, there is some legal authority which dictates a landlords may only charge for excess wear and tear. In other words, he/ she may not claim the security deposit for ordinary wear and tear like paint retouch and cleaning. In addition, the landlord has to comply with the procedural obligations for making a claim under the landlord tenant act which includes in part sending the formal notice within 30 days. Otherwise, Landlord waives his right to the claim. Lastly, he may not allow you to see the move-out report now, but it will certainly need to be produced if the matter goes into litigation. The important lesson here is ALWAYS take photos of the entire unit when you are going to move out so you can utilize them as proof that the unit was left in good condition. Hopefully you have these photos.
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