Deposit Dispute

[rucheeangel]

Hello. I am a landlord in the state of FL. My question is in reference to a deposit. I won't go into all the details, but the main pts to this posting are listed below. Also important to note, all communications occured via text messaging (except my certified letter for repairs)

1. Tentants moved out before lease expired
2. I agreed to let them out their lease - too many issues with them
3. I agreed to consider refunding their deposit if the house was presented to me in the same condition
4. I explained that since they broke their lease and I lived out of town, that my final inspection would take a few months to complete (so I could get there) and they agreed
5. Inspection was complete, I sent them an a certified letter with the repairs made (all tentant caused) and that the repair cost exceeded their deposit. Repairs included carpeting cleaning, painting the walls, repairing closet doors, broken window (they said it was like that when they moved in- but we didnt record it as an issue on the lease), trash removal, cleaning, and a few other minor issues (clogged drains)
6. Tentant called threatening to sue to me and that they have contacted a lawyer.


My question - Do they have a case?

[jjones8601]

Here are the problems.

1 - Did you verbally express that it would be months for you to do a "walk-through"? If so, they can deny you ever said it or that they accepted it.
2- Because of your lengthy delay for inspection, the property may have been vandalized and the tenants may have left said property in immaculate condition.
3 - Here is the State Law for deposit return:

Floridas' Landlord/Tenant Law

* When you move out, your landlord must either return your deposit (plus interest, if applicable) within 15 days of termination of the lease, or justify in writing, within the 15 day period, why he is keeping a portion or all of the money. The justification must be sent by certified mail to your last known mail address.

By all of the non-compliant action you have taken, I would try to settle with them and see what they are willing to accept to close the matter. You did have expenses and they know what was damaged or not. Additionally, because of the delay, you may wish to subtly inquire if they took pictures when they left. If they did not, it may help your leverage on how much/little you are willing to give them back.

Thanks for the quick response. Please review my response.

The exchange took place by text messages. They did take pictures of the property, but I also took pictures of the damages and have receipts for the damages and work completed by a certified GC. Why would they take pictures of any of the issues they caused? They had 5 kids 2 adults plus a mother in law and brother in law (not on the lease) in a 1 bath 4 bedroom house. How can anyone believe their deposit would be returned in full - to clean carpet / paint the walls/ repair the closet doors / etc? I assume if they try to claim the property was vandalized - they would be lying and would have to prove it right? They didn't provide anything to me in writing disputing the deposit only called and left me a crazy message- they only have 15 days from receipt of my certified letter - correct?

What is the max they can sue me for? Since they didn't fulfill their lease terms, are they even entitled to their deposit? Do text messages hold wait in court? If so, do I need to request my messages from my carrier? They can easily delete messages and manipulate the conversations.

[jjones8601]

If your inspection was not within the 15 day period, they in turn do not have the 15 day limitation.

They can sue for the amount of your E & O Insurance and beyond if there is any gross negligence. I have not read anything about that type of issue. In essence, they can sue for the remainder of the deposit minus repairs out of the realm of “normal wear and tear”.

I have a few more questions.

How long did they live there?
Was this the first term of the lease?
The reason I ask is that carpet cleaning and a fresh coat of paint would be “normal wear and tear” if the tenancy lasted for more than one year.

As for text messaging, it can be manipulated but some judges will and some will not accept them. Were the text message replies to the last (a chain) or were they new messages each time? A chain of messages will provide better evidence and your cell provider can give you a detailed printout matching the dates and times of such messages.