Bradenton, FL asked in Landlord - Tenant for Florida

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

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1 Lawyer Answer
Erik A. Perez
Erik A. Perez
  • Landlord Tenant Lawyer
  • Coral Gables, FL
  • Licensed in Florida

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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