My question involves landlord-tenant law in the State of: Florida
I recently moved out of a small house that I rented for 2 years. I had originally pay a non-refundable administrative fee of $250 plus a security deposit of $2,550. I received a check in the mail for less than $800 along with an itemized list of charges. I thought some of these charges were unjust. The lease did mention to expect a minimum charge of $75 for house clean up and another $75 for carpet cleaning at the end of the contract. We were fine with these charges but did not expect around $200 each on the itemized list of charges. We spent an entire day cleaning and vacuuming every corner of this house when we moved out. The carpet was left in its original state. I took very good place of this place throughout my contract. Most of the following charges were generated from maintenance calls we placed with them in the past. I was not aware they would even consider charging for any of these. Thank you for taking the time to look at my question.
List of Charges:
Exterior:
- Sliding door screen torn and not moving $65.00 (Door never really worked)
- Back light not turning on $9.50 (normal wear and tear?)
Living Areas:
- New blinds one window 62 x 51 $41.00 (excessive price for cheap blinds)
Bedroom 3:
- Blinds missing wand $5.00
Bedroom:
- Replace blinds $41.00 (excessive price for cheap blinds)
- Pull and clean A/C coil (extremely dirty) $370.00 (My kids were constantly getting sick so I requested this service)
- Replace downstairs toilet (could not remove toy) $336.67 (I already wrote a check for this during our first year in the house)
- Replace 2 30" closet door tracks, guest bed fan toggle, MB toilet seat, 2 door locks $225.27 (I think this should be considered normal wear and tear. Also, only one lock was replaced, one tightened)
- Replace master bath toilet $286.00 (old tank was leaking, cracked)
- Deep Clean $203.00
- Carpet Steam Cleaning $185.00
- Parts trip charge $63.00
Total Deductions/Charges ---> $1,830.44
* The letter they send me with the list of charges also mentioned court and attorney fees incurred if I institute an action in court.
I'm adding the following paragraphs directly from the lease for additional information...
WAIVER OF TRIAL BY JURY
"The LESSEES and the LESSOR knowingly, voluntarily and intentionally waive the right
either may have to a trial by jury in respect of any litigation based hereon, or
arising out of, under or in connection with this Lease and any agreement
contemplated to be executed in conjunction herewith, or any course of conduct, course
of dealing, statements (whether verbal or written) or actions of either party. This
provision is a material inducement for the LESSEE entering into the lease."
ATTORNEYS FEES
"If LESSOR employs an attorney due to LESSEES violation of the terms and conditions of
this lease, LESSEE shall be responsible for all cost, reasonable attorney fees,
property managers fees and cost, as incurred by the LESSOR and/or property owner
of record, whether or not suit is filed. LESSEE waives the right to demand a jury
trial concerning any litigation between LESSOR and LESSEE. In the event that the
LESSOR successfully defends any action, (including, but not limited to the Courts,
the Board of Realtors, the Better Business Bureau, mediation or any administrative
state agency) arising out of this transaction brought directly or indirectly by
LESSEE or their representative, LESSOR shall be reimbursed their attorney fees,
court cost (if any); AND for LESSORS time (at the rate of $150/hour) in defending
such an action by LESSEE."
I recently moved out of a small house that I rented for 2 years. I had originally pay a non-refundable administrative fee of $250 plus a security deposit of $2,550. I received a check in the mail for less than $800 along with an itemized list of charges. I thought some of these charges were unjust. The lease did mention to expect a minimum charge of $75 for house clean up and another $75 for carpet cleaning at the end of the contract. We were fine with these charges but did not expect around $200 each on the itemized list of charges. We spent an entire day cleaning and vacuuming every corner of this house when we moved out. The carpet was left in its original state. I took very good place of this place throughout my contract. Most of the following charges were generated from maintenance calls we placed with them in the past. I was not aware they would even consider charging for any of these. Thank you for taking the time to look at my question.
List of Charges:
Exterior:
- Sliding door screen torn and not moving $65.00 (Door never really worked)
- Back light not turning on $9.50 (normal wear and tear?)
Living Areas:
- New blinds one window 62 x 51 $41.00 (excessive price for cheap blinds)
Bedroom 3:
- Blinds missing wand $5.00
Bedroom:
- Replace blinds $41.00 (excessive price for cheap blinds)
- Pull and clean A/C coil (extremely dirty) $370.00 (My kids were constantly getting sick so I requested this service)
- Replace downstairs toilet (could not remove toy) $336.67 (I already wrote a check for this during our first year in the house)
- Replace 2 30" closet door tracks, guest bed fan toggle, MB toilet seat, 2 door locks $225.27 (I think this should be considered normal wear and tear. Also, only one lock was replaced, one tightened)
- Replace master bath toilet $286.00 (old tank was leaking, cracked)
- Deep Clean $203.00
- Carpet Steam Cleaning $185.00
- Parts trip charge $63.00
Total Deductions/Charges ---> $1,830.44
* The letter they send me with the list of charges also mentioned court and attorney fees incurred if I institute an action in court.
I'm adding the following paragraphs directly from the lease for additional information...
WAIVER OF TRIAL BY JURY
"The LESSEES and the LESSOR knowingly, voluntarily and intentionally waive the right
either may have to a trial by jury in respect of any litigation based hereon, or
arising out of, under or in connection with this Lease and any agreement
contemplated to be executed in conjunction herewith, or any course of conduct, course
of dealing, statements (whether verbal or written) or actions of either party. This
provision is a material inducement for the LESSEE entering into the lease."
ATTORNEYS FEES
"If LESSOR employs an attorney due to LESSEES violation of the terms and conditions of
this lease, LESSEE shall be responsible for all cost, reasonable attorney fees,
property managers fees and cost, as incurred by the LESSOR and/or property owner
of record, whether or not suit is filed. LESSEE waives the right to demand a jury
trial concerning any litigation between LESSOR and LESSEE. In the event that the
LESSOR successfully defends any action, (including, but not limited to the Courts,
the Board of Realtors, the Better Business Bureau, mediation or any administrative
state agency) arising out of this transaction brought directly or indirectly by
LESSEE or their representative, LESSOR shall be reimbursed their attorney fees,
court cost (if any); AND for LESSORS time (at the rate of $150/hour) in defending
such an action by LESSEE."
Security Deposits: Unreasonable Withholdings from Security Deposit
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