My tenants have moved out in March 2017.
I meet them at the property during move out inspection and we found damages but have no written report.
Tenant had subleased the apartment to someone else (found out in the last week of tenancy )
They did not provide me any forwarding address and was no response when I asked them.
30 days later they are threatening to sue me using an attorney (That's what they told me over the phone)
I did send a notice to deduct security deposit but to my own condo (last known address).
Tenant says my notice is invalid because I did not itemize the deductions
Help, I am loosing sleep over this.
They are demanding me to return the deposit else they will file in court for security deposit and lawyers fees . What do you recommend I do ?
Most likely this will end up in small claims court. Do you want to deal with it? If they are wrong then yes, I would deal with it. If you are wrong, I would pay, learn from your mistakes, and move on.
There is no reason to waste time on these negative things when you can use that time and energy on other things that make you money.
Good luck...
Most likely this will end up in small claims court. Do you want to deal with it? If they are wrong then yes, I would deal with it. If you are wrong, I would pay, learn from your mistakes, and move on.
There is no reason to waste time on these negative things when you can use that time and energy on other things that make you money.
Good luck...
you have got to CYA in all business transactions
that is the way folks are today handshakes mean nothing and integrity does not exist
if you have nothing on paper then its word against word and your in court
do what is best to get the problem solved and don't make the mistake again
it's called school of hard knocks
enjoy
All important questions:
Do you have photos of the damage? Receipts of the damage repair? Did you hire out the repairs or do them yourself? When you asked for their address and got no response, was that via email/text that you still have?
They gave you no address. How can they demand a return when you have no place to send it?
How does the tenant know your notice is invalid due to lack of not itemizing when they didn't receive it?
Do not answer their phone calls/emails/texts anymore.
Do you only have 30 days to return deposit/letter of deductions in your area? My area is 45 days. Check on that if you're not sure.
Does your area require deposits to accrue interest? Check on that as well.
Don't lose sleep over this. They're likely just threatening you. I had a tenant threaten me with the same simply because it had been 30 days and they got nothing when I had 45 days.
As you see, many people will say to just give the money. I say don't just cave and give money simply because someone threatens you. If that's the case, you'll be known as the landlord you just have to say "boo" to and you'll get your money!
Take a breath. Check your laws. See that you fall within those. If you have longer than 30 days, you still have time to send them that itemized list they so desire. Send it via certified mail with delivery confirmation so they can't pull the "we didn't receive it" line.
Check your local landlord tenant laws. If you are required to send notice with itemized deductions from security deposit and send any remaining balance within x days to last known address and you went past that date already without doing so, then you likely owe them the deposit.
I have only had several occasions over the years where a tenant damaged the property, thankfully, but I actually sent a complete itemized list, copy of contractor receipts, along with a bill for any balance over the amount of the deposit. I've never had anyone actually pay the bill, but I do believe it makes them think twice before trying to sue me for any part of their deposit back.
We don't know if Taz is past the 30 days because it just says March. Was it 01 March or 31 March for their move-out date?
Also, I go back again to the fact they gave no address even after being asked.
From 20 March to today, I count 31 days.
Is the $1000 in repairs the cost OVER the security deposit? Why is/was he paying this?
What is this $220 for 6 days extra rent?
Please be clear so we can help you as best as possible.
The receipts you have are deducted from his original security deposit. If there is still a balance after all his deposit is exhausted, then he owes you money out of his own pocket. To me, it sounds like he is bullying you. I don't see why you need to meet this guy in person. Cancel that.
On a sidenote, why are you giving him a package with someone else's name on it? Why don't you just "return to sender"?
If he as an attorney you would have received a letter from the attorney typically. Stick the fact of the lease and let the lease be the bad guy as you are just enforcing it. Remind him you agreed to the terms of the lease by signing it. I would bring a witness along when you meet. Bring copies (not originals) of documents to discuss. Return the package as marked "Moved - Return to Sender" tampering with mail is federal offense.
It is my understanding that last known address can always be the leased unit if they did not leave you an actual forwarding address. Some tenants would rather USPS forward rather than give old landlord next location. If it does not forward, keep the unopened letter you find in the mail at the unit as proof you actually sent it. Even if you're e-sending, go ahead and send USPS certified so you have proof you mailed an itemized list. If the official lease end date in the written lease was after they turned keys over, you still might have some wiggle room as it could be a grey area as to date to start counting, so I'd go ahead and mail it asap and keep receipts and tracking info.
Their are some questions I had on this. You said that you never filled out a report of the move out. (always do this since its going to boil down to he said she said) When it goes down to giving deposit money back. even before you start telling them that you are taking their deposit money ask them where they want their deposit check sent if there aren't any issues. They also had the unit subleased? was there a provision in your lease against this? Also was there ever any yearly inspections done to this unit? Also remember that you have to wait 15 days before you touch that money from the SD for their challenge. When sending out the notice in florida it also has to be done with certified and regular mail to be legal in FL. Also remember that the tenant is required to give 7 days notice by certified mail prior to vacating the property which shall include the address that the tenant can be reached. Failure to give such notice relieves the landlord of paragraph (3)(a)."section 83.49(5) in the florida statutes. So in regards to them not giving a new address they kind of shot them self in the foot. But if they didn't do that than you may have been in hot water if you didn't follow all the steps properly. If you have any questions i'm in your area so I can answer without any issues.
So how does he know you didn't send him a itemized list in the first place ??
So send him a adjusted security deposit move out statement with itemized deductions and copy of photo's of damages. The original was post marked and you have proof of that.and it was sent properly, Take a photo copy the original envelope for your records, and include the original unopened envelope,with the adjusted second move out statement and mail it out.
I wouldn't give the guy a dime more than he has coming, and if he sues good luck to him.
I wouldn't meet him or discuss it any further with him. don't take his calls, reply should be further contact should be by mail. If you have to adjust your statement due to unforeseen or not kept receipts for damages you give the adjustment back.
Proper notice is considered US Mail.. certified is better.
Personally I wouldn't worry about it. I greatly doubt they will do anything further.
We are in Florida so I have 30 days from March 20th
Not sure if today April 19th counts since this is the 30th day
I have pictures of the damages and receipts for work but they are only close to $1000
Receipts have handyman work
There lease expired on April 14 th and i gave them 6 days to repair damages
I have receipt for cleaning, pest control , Ac repairs , dish washer repairs
For some items i do not have receipts
I sent them a copy of notice via whatsapp
Is that admissible in court or can i send a new notice today ?
AC repairs, dish washer repairs and such are most likely going to be deemed "normal wear and tear" (unless the tenant somehow physically damaged the equipment on purpose). Cleaning and pest control may or may not be considered reimbursable, depending on your lease. If those are your only claims, then I would push back too, as the tenant.
The letter doesnt have to be itemized in Florida. The main issue is that you didn't do a correct move out inspection. That should itemize all of the issues and damage to the property. I also forgot to add that what ever is left over from the SD will get sent to abandon property.
You're welcome! Remember, there is no law that forces you to stay in a conversation with someone that is threatening, yelling, insulting, etc you. If you meet on Monday to give him the agreed-upon money (vs mailing), just don't stick around. It will be okay!
Next time, no negotiating up the amount of deposit. Simply subtract valid repairs from the deposit and that's the amount they get back. No more. No less. I still think those prior negotiations have made him believe he can just bully you into getting the entire deposit back. But you're organized and have legitimate repair receipts. He's not given you any address, so he's made things difficult.
Be sure to do something relaxing so you can drain some of the stress! A nice glass of wine, your favorite hobby, meditation, etc. Stress can affect your health and is no joke!
OK...a few things...Part II of Chapter 83 Florida Landlord-Tenant
1. If you fail to send a notice within 30 days, by law you are REQUIRED to remit the entire amount. This does NOT, however, mean that you cannot sue for damages. You do have that right. There is also a specific format for the notice which I have shown below.
2. State law is specific:
(3)(a) Upon the vacating of the premises for termination of the lease, if the landlord does not intend to impose a claim on the security deposit, the landlord shall have 15 days to return the security deposit together with interest if otherwise required, or the landlord shall have 30 days to give the tenant written notice by certified mail to the tenant's last known mailing address of his or her intention to impose a claim on the deposit and the reason for imposing the claim. The notice shall contain a statement in substantially the following form: This is a notice of my intention to impose a claim for damages in the amount of _____ upon your security deposit, due to _____. It is sent to you as required by s. 83.49(3), Florida Statutes. You are hereby notified that you must object in writing to this deduction from your security deposit within 15 days from the time you receive this notice or I will be authorized to deduct my claim from your security deposit. Your objection must be sent to (landlord's address) . If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit. (b) Unless the tenant objects to the imposition of the landlord's claim or the amount thereof within 15 days after receipt of the landlord's notice of intention to impose a claim, the landlord may then deduct the amount of his or her claim and shall remit the balance of the deposit to the tenant within 30 days after the date of the notice of intention to impose a claim for damages.
(5) Except when otherwise provided by the terms of a written lease, any tenant who vacates or abandons the premises prior to the expiration of the term specified in the written lease, or any tenant who vacates or abandons premises which are the subject of a tenancy from week to week, month to month, quarter to quarter, or year to year, shall give at least 7 days' written notice by certified mail or personal delivery to the landlord prior to vacating or abandoning the premises which notice shall include the address where the tenant may be reached. Failure to give such notice shall relieve the landlord of the notice requirement of paragraph (3)(a) but shall not waive any right the tenant may have to the security deposit or any part of it.
Keep in mind that if this goes to court and the other party prevails you are liable for their attorney's fees. Also, where have you kept their deposit? If not in compliance, that is another strike against you. Because you failed to send it via CERTIFIED MAIL as required by statute, I think you should pay it and move on. Next time you will be better informed. If you can PROVE you sent it within 30 days you have something to prove you are within the statutes. If you cannot prove you sent it, and they lie, it is your word against theirs. You are always better off listing the damages and cost to repair, including bids or receipts. The statute DOES require certain wording in the notice as mentioned above.
Did the notice conform to the statute requirements on wording? If you sent it and it came back, if you have not opened it I would not. If you end up in mediation, etc I have no idea how that works or if you would be forced to pay attorney fees. You really need to take to your attorney on this.
@Taz Patel The moment the 7 days went past and they refused to give you a address to forward any mail to, all of the 30 and 15 day statues don't matter. As @John Thedford took off the actual website. You still talking to them is causing more issues and building a case for them if their lawyer takes you to court. If you want to talk to a lawyer for a second opinion I can give you a referral to our legal counsel They are one of the biggest eviction (landlord tenant lawyers) in Florida.
@Taz Patel shoot me a Pm I'll get you the contact info
i certainly would not meet him .. he has already threatened you and bottom line is a lawyer is not really going to waste their time to get just their fees and a $2200 judgement.. i coukdnt even get a lawyer to take a abandament case when my surgeon quit right after my stomach surgery and only gave me one day notice .. he didn't set up any follow up care .. completly agaist the law but there is not enough money in it for a lawyer to touch it .. he is bluffing .. even if he paid out of pocket with hopes that he get reimbursed from you .. you can alway remind him over the phone that you to .. can hire a lawyer and he might be responsible for his fees ..Im sorry for your bad experiance with a terrible tenant .. and wish you the very best ..
God Speed,
Michael