Florida LL not applying pet deposit towards damages

[angelk5]

I recently moved out of a duplex in Tallahassee Feb 14th on good terms with a landlord I had no issues with until now. A little history: I rented this place for a little less than a year and a half. After the first year he was gracious enough to allow me to rent month to month which allowed me to finish with school, and informed me it was also better for him due to timing. We did not establish a new lease. I always paid rent on time, often two to three months at a time, and he even gave me an excellent reference as "the best renter he has ever had." When I moved out, I cleaned the place except the room where my washer and dryer had been (didn't mop) and I left the stove as it was when I moved in (there were streaks of oven cleaner in places.)

Since moving out this is the issue. I paid $1100/month rent, and $1100 security deposit with $200 pet deposit, which was stated and always understood as being non-refundable, though this is not stipulated in the lease agreement. One of my dogs chewed on a wooden blind and one side of the window sill, and also through one of the wooden slats of the very dilapidated fence gate (I had to request the fence be mended once due to leaning over and falling apart upon moving in, repaired it in another place twice myself, and have always had to tie the gate to keep it shut and secure.) I informed him of these three things upon moving out stating I had previously already replaced the blinds via Home Depot which was not very expensive and that I just ran out of time before trying to get these things fixed, but for him to please let me know if he had any problems or if there was anything else to discuss.

He is claiming $225 for carpet & tile cleaning and $100 for the blinds/sill. Which that seems perfectly fine to me; my problem is he is not using the pet deposit towards the damages, now stating it was a "pet fee" that "allowed the dogs on the premises." This was never mentioned as such, was always mentioned as a "non-refundable pet deposit" until now. So he sent me a check for $775 with a typed letter as a "notice of intention to impose a claim for damages" referring to Florida Statues 83.49(3). The copy of the lease lists my security deposit of $1100, and an "additional security deposit" for $200...I am thinking I can take him to court since the lease doesn't even list the pet deposit as such, nor does it state it being non-refundable. He is charging me over $500 by not using the pet deposit as it was intended, and since I have now requested a copy of the receipts, he informed me he had 30 days to get this information to me, and last weekend he was going to take a look at the place and fix any repairs. So he has charged me for expenses without having the repairs completed.

Sorry for the length of this letter...do I have a legal leg to stand on? Thanks for any advice. BTW, another thing...is it Florida law that he forfeits all deposits if he does not send me a certified letter?
~angelk5

The statement for deductions does not have to be certified. He doesn't forfeit anything, nor do you. He sent you a statement within the required time. The amounts can be based on contractor statements if they have not had time to repair. As long as he does the repairs, you have no beef. Receipts are not required until court usually, except in CA.

I don't undertstand. If you paid a pet amount "which was stated and always understood as being non-refundable" why are you now not understanding this??? You said you understood this was non-refundable and it is stated as such. So why would it now, a year and a half later, be refundable?

The charges don't sound outrageous. The carpet cleaning is reasonable, as is the damage repair estimnates. You even state that these seem fine by you.

It seems your entire case now rests with not understanding the meaning of non-refundable. That term seems pretty clear. I don't understand where your case lies.

[angelk5]

Apparently I either didn't make myself very clear or you didn't understand my question...

I have no problem with the charges not seeming to be fair. What I have a problem with is he did not apply the pet DEPOSIT towards the damages first before using my security deposit, and he is now claiming it was a pet FEE, which is not stipulated in the lease, nor was it ever mentioned as such.

My other point was if he is going to now claim this was the case, and I feel this is unjust, then since the lease does not state the pet deposit was "non-refundable" or even as a pet deposit but as an additional deposit, then I should be able to take him to court because he didn't use the whole deposit for damages...it isn't "non-refundable" I have a problem with, it is that he isn't considering it towards damages...which is what a pet deposit is intended for.

The other consideration is yes though he sent me a statement in the required time, he has already taken money out of the deposit, sending me a check as a refund without showing me receipts, or even "statements" as you put it, without even having repairs done. He could technically be taking money based on what he thinks it might cost...not based on "contractor statements"...and truthfully after him changing the pet deposit to a pet fee...there is nothing to base trusting him to do the right thing on after this point.

As I said, he doesn't have to provide you with receipts or statements unless you are in CA. (Those receipts are required in CA if the deductions exceed $125. He doesn't have to provide them in FL.) Those receipts are provided in court if you sue. There would only be 2 or 3 receipts at most - the carpet cleaner, the receipt for the wooden blind your dog ate, and the repacement of the sill. There may only be one receipt - that for the blind. Unless prohibited by your state law (sorry, FL is not on my list of LL labor charges so I don't know), the LL can charge you for his own time and materials to do these repairs (using his own tools and carpet cleaner). So the only receipt may be for buying the blind. He likely has the wood and tools to do the rest himself.

If he has 30 days to do the statement, then he also has 30 days to do the repairs (which aren't up until March 16th). How do you know he won't have completed these repairs by then? I'm sure they wil be repaired long before a court date and he will have before and after photos proving the repairs. Actually, FL law says he has 15 to 60 days to return the deposit depending on whether the tenant disputes the deductions (which you are doing). So your final statement isn't even due back to you yet.

I don't see the over $500 of charges. Since you seem to agree that your dog caused these damages and the charges are just, the only amount that you could possibly get back is the $200. You can't get the entire deposit back because you DID cause damages. You can't get punitive damages because your LL acted in good faith and sent you an itemized statement. The only disagreement is whether this pet money was non-refundable or not. How much will it cost you to file in small claims court to get back the $200? How much time lost from work (wages are not recoverable)? Only you can decide if the effort wil be worth the $200. It wouldn't be for me. Call and ask how much it costs to file a small claims case.

[angelk5]

This isn't that difficult...the $500 comes from the fact that he did not apply the dog deposit towards the damages. He took it from the security deposit and sent me a check for $775, if he would have used the pet deposit towards damages as it was intended in the lease agreement, then I should be getting a check for $975. I am aware it would cost $300 to file a claim, but to me this is a matter of principle...why should he get away with dishonesty and an extra $200 dollars of my money? From what I can get out of the statues, he was supposed to make a claim for expenses within 30 days, and I then get 15 days to respond, BEFORE he actually takes the money out of the security deposit, and if I can prove my case I can win the court costs as well...

Thanks for your input.

That's still not $500. The difference between $975 and $775 is only $200. That is all you have to gain. You still have to pay the $325 for the damages you caused. Why would you consider spending $300 to get $200 back? Just send me the $100 bucks you plan to throw away, if you are that free with money. The principle of the matter isn't worth losing $100 on it.

I have to say you are not reading your own statement, as a nonerefundable - your pet deposit or your pet fee is not even a consideration at the end of the lease, your pet fee is used to make sure that the next person renting the place is not going to deal with "Any" pet ussues and usually that means enzimatic cleaning. That is a standard fee and if it is nonerfundable then it is never applied towards any damages, hence using your security deposit to remedy those issues, case closed.

You're a homo

The point is that his check from the landlord should be $975 vice $775 unless more damages were done or more work was required. $775 implies that $500 in damage was done.
I just had a property manager (my house, not renting) tell me that the pet deposit is not used to cover damages but that it just goes to the property management company "to manage a property with pets". It makes no sense to me. That sounds more like a fee than a deposit to cover damages.

Originally Posted by Unregistered The point is that his check from the landlord should be $975 vice $775 unless more damages were done or more work was required. $775 implies that $500 in damage was done. I just had a property manager (my house, not renting) tell me that the pet deposit is not used to cover damages but that it just goes to the property management company "to manage a property with pets". It makes no sense to me. That sounds more like a fee than a deposit to cover damages.

Exactly. Non-refundable pet monies are a fee. Non-refundable means just that. It is not refunded under any circumstances.

The money your PM took should be titled a pet fee and it goes toward the extra wear & tear on the property from the pets, as well as the privledge of being allowed pets in the rental (not towards his managing of them). Since your PM declared this a deposit and failed to state it was non-refundable, insist that it be returned to you so you can return it to the tenant (minus any pet damages). Wear & tear fees should go to the property owner, not any agent, since the agent isn't the one who has to replace property when it has worn out. If the PM refuses, fire your PM for mismanagement of money.