Tenant contesting security deposit 9 months later

[Josselyn Jorge]

I just received a message from my previous property manager for a rental condo I have in Orlando. The tenant moved out in June 2023 and is now contesting $500 I withheld from the security deposit. The Management Company is recommending at this point, because there is a dispute, to send some kind of bill showing that this work was done and if not, it would be best to issue a refund.

Here’s the message I received: 

The previous tenant only just picked up his deposit refund letter, after leaving it unclaimed since late year… yes, really, nine months later!! And now since receiving the official mailed notice, he is exercising his right to dispute the $500 claim for the AC sanitizing. This is what he wrote to us:


“I'd like to dispute the A/C sanitation fee for $500 and would like it refunded. Neither my brother or myself smoke. The appt as always had a mustiness about it, not sure if that was attributing to the "smoke odor" but again we don't smoke. I dont think it's fair that we are being held liable for something we had no hand in contributing to”

Am I legally responsible to return anything 9 months after he moved out??

[Adam Bartomeo]

The really question is did you or did you not sanitize the AC? If you did sanitize it and there is a legitimate claim then why would you ever return their money? I don't care if they disputed it after 9 days or 9 months. Just because someone sent a dispute doesn't mean that you should return their money. In FL, after 30 days they have to go through the court system.

If you just pocketed the money and did nothing then you should have something in your lease that authorizes you to claim the $500, like a smoking fee. I would consider it unethical to charge a tenant for work that wasn't performed unless there is another stipulation.