Landlord Not Repaying

[GODsRebel]

I signed a 1-year "As-IS" contract to rent a place in FL in March 2007 with payments for next month to be made on 20th of each prior month. I paid first/last/security payment before move-in (per contract) which totaled $2550 or $850 each. After the contract expired we unoffically (nowritten contract) went month-to-month making mothly rent payments (which eventually got reduced to $775/month) for month ahead on the 20th of each month. Landlord still had Last Month Rent & Security. We kept renting put an offer in on a short-sale home in October 2009. Kept paying for the month ahead and paid for month of May by April 20th and Short-Sale offer finally got accpeted on Arpil 28, 2010. Informed landlord verbally that we would close by end of May so we would be out of the rental by then as well making May the last month. I already paid for May not knowing we would close and he already had my Last Month Rent & Security. Landlord depsoited extra last month rent and verbally claimed he would repay it with the security deposit upon me vacating the property. Closed on Short-Sale by May 14, 2010. Landlord already arranged other tenants to move in by June 1, 2010. We moved out on May 30, 2010 and other tenants moved in on May 31, 2010. I went over to meet up with landlord on June 4th, 2010 and landlord verbally stated several damages and claimed that he wouldn't repay me the security until he was finished his repairs of the claimed damages. I agreed to a settlement of security deposit deduction but requested that he promptly repay me the extra last month rent. He started yelling at me got in his truck and sped off saying that he wouldn't repay me any of it and to get a lawyer.
*Few Notes - The lease was "As-Is" contract and there were items in the home such as cracks in shower tile grout, rust near 2nd bathroom shower tub drain, ect. In 2008/2009 there was evidence of leakage in the master bedroom shower and he took it all apart and repaired the shower. He claimed there was mold but never had an expert verify. He was angry at me for not telling him earlier but I did not know until I started to see continuous staining in the shower tiles. He personally re-finished the whole bathroom which took 2 months. He wanted me to caulk the shower tile grout for both showers as needed. Now that we left, he claims that the rust in the 2nd bathroom tub is leaking and it is my fault. We rarely used the 2nd bathroom shower.

Does the landlord have the right to hold my extra last month rent? I really need that money and he won't give it to me. He won't return my phone calls. I sent a certified letter on June 6, 2010 confirming the date we vacated the property and stating that the other tenants occupied the property the next day. I also stated that he immediately send the last month rent and the security deposit. I know he has 30 days to write me a letter stating damages and cost associated which will be deducted from the security. I just want my extra last month rent for the time being and am willing to negotiate the security balance. What can I do about this?

 

[mightymoose]

The landlord can deduct damages from your security deposit that are not normal wear and tear. The things you are describing, to me, don't sound like things he can deduct from your deposit since they were likely pre-existing to your move in.

Landlords typically have 3-4 weeks from the date you move out to either provide you with a refund or with an itemized list of repairs that account for the deductions. I'm not sure what the time limit is in FL, but if it has been less than 3 weeks since you moved out you will just have to wait a little longer.

If the landlord doesn't give you a timely refund or an itemized list then you will be able to take action against him and add penalties. He isn't obligated to give you anything regardless of how badly you need it, so long as he is within the 3-4 weeks allowed by law. The refund for your last month has the same time frame as the security deposit.

 

[GODsRebel]

I believe it's 30 days from the day you vacate the property that the landlord is required to submit his itemized list of damages. I just wasn't sure if he is obligated to give me back my extra last month rent promptly. You answered my question that it sits in the renter's security account. Thanks!

 

[army judge]

I believe it's 30 days from the day you vacate the property that the landlord is required to submit his itemized list of damages. I just wasn't sure if he is obligated to give me back my extra last month rent promptly. You answered my question that it sits in the renter's security account. Thanks!

I think you're saying he owes you an extra month's rent at the higher rate (original rent), not the lower negotiated amount, right?

If that's true, send him another letter asking him to return that amount.

You'll need that for your small claims case.

This crook has no intention of refunding you that money.

You'll have to sue him.

That process is going to take 2-3 months, and you still might have to struggle to collect what he owes you.

 

[GODsRebel]

I am ok if he just sends me the lower last month rent as long as he gives it to me now. I also told him I would be willing to negotiate the security. It's a shame cause I thought we were a little beyond the landlord-tenant relationship, I thought we were friends. This was a total sucker punch.

 

[army judge]

I am ok if he just sends me the lower last month rent as long as he gives it to me now. I also told him I would be willing to negotiate the security. It's a shame cause I thought we were a little beyond the landlord-tenant relationship, I thought we were friends. This was a total sucker punch.

Unfortunately, for some people, it is ALWAYS about the money.

When the money stops, the "friendship" flops!

Sad, but all too often, true!

 

[GODsRebel]

Ok, he sent me the all money but he has claimed damages for:
1. Hole in screen door (He verbally stated to me not to worry about it and I left a roll of new screen to re-finish the whole door.)
2. Removal of lumber, carpet, cardboard, and debris left on premesis
3. Broken light on living room cieling fan (The globe had developed a crack in it - 3 yo fan)
4. Plastering, priming, painting the multiple holes in the walls (Any major dent in the wall I spackled and sanded and left the paint we used to paint before we moved in - I didn't know if the new tenants would want to repaint. His claims are for also not patching the pin holes for hanging pictures)
5. Replacing a door jam that he claimed was shattered but did have a crack (The jam had a an existing crack but I did make it worse because my little boy got locked in our room - which I informed him will take full responsibility for)
6. Replacing formica backsplash in the kitchen. (4' piece of backspalsh that swelled and I removed)
7. 2.5" X 0.5" gaping hole in the 2nd bathtub which he claims I never notified him about and claims our negligence. (The tub had a rust stain around the drain when we moved in and signed the "As-Is" contract. We rarely used the tub in the 3 years we were there cause my 2 yo son showers with us. We only routinely used for the 2 months it took the landlord to refinish the master shower)

He has been inside the house to look around make misc. repairs on many many occasions during the 3+ years we lived there. He also did a walk-through with the future tenants before they moved in (approximately 1~2 weeks prior to us moving out). He was in good spirits up until the few days after the tenants moved in. Then he made his claims - his exageration of all the damages was expected. Keep in mind the future tenants moved in the day after we moved out.
I don't know if I should deposit the money orders. I feel I'm only respinsble for the door jam and maybe the backsplash. He wants me to pay for all and he stated I can bid out the work to replace the tub in the 2nd bath. I have the hand written letters he sent scanned if anyone wants to read them.

 

[army judge]

Ok, he sent me the all money but he has claimed damages for:
1. Hole in screen door (He verbally stated to me not to worry about it and I left a roll of new screen to re-finish the whole door.)
2. Removal of lumber, carpet, cardboard, and debris left on premesis
3. Broken light on living room cieling fan (The globe had developed a crack in it - 3 yo fan)
4. Plastering, priming, painting the multiple holes in the walls (Any major dent in the wall I spackled and sanded and left the paint we used to paint before we moved in - I didn't know if the new tenants would want to repaint. His claims are for also not patching the pin holes for hanging pictures)
5. Replacing a door jam that he claimed was shattered but did have a crack (The jam had a an existing crack but I did make it worse because my little boy got locked in our room - which I informed him will take full responsibility for)
6. Replacing formica backsplash in the kitchen. (4' piece of backspalsh that swelled and I removed)
7. 2.5" X 0.5" gaping hole in the 2nd bathtub which he claims I never notified him about and claims our negligence. (The tub had a rust stain around the drain when we moved in and signed the "As-Is" contract. We rarely used the tub in the 3 years we were there cause my 2 yo son showers with us. We only routinely used for the 2 months it took the landlord to refinish the master shower)

He has been inside the house to look around make misc. repairs on many many occasions during the 3+ years we lived there. He also did a walk-through with the future tenants before they moved in (approximately 1~2 weeks prior to us moving out). He was in good spirits up until the few days after the tenants moved in. Then he made his claims - his exageration of all the damages was expected. Keep in mind the future tenants moved in the day after we moved out.
I don't know if I should deposit the money orders. I feel I'm only respinsble for the door jam and maybe the backsplash. He wants me to pay for all and he stated I can bid out the work to replace the tub in the 2nd bath. I have the hand written letters he sent scanned if anyone wants to read them.

How much time has elapsed since you moved out, and the money arrived in your hands?
Are you satisfied with the amount you received?
(Don't be greedy, is it CLOSE to what you sought?)

Is he threatening with charging you for repairs (yet other tenants are in the house)?

 

[GODsRebel]

How much time has elapsed since you moved out, and the money arrived in your hands?
Are you satisfied with the amount you received?
(Don't be greedy, is it CLOSE to what you sought?)

Is he threatening with charging you for repairs (yet other tenants are in the house)?

It has been approximately 17 days until we got the money in our hands. Moved out May 30, 2010 and recieved money June 16, 2010. I am satisfied with the amount we recieved back. He is threatening for me to pay all the damages listed above. He wrote that I can personally bid out to Contractors to replace the 2nd bath tub. Other tenants have been in the house since May 31, 2010 (Day after we moved out). I feel I ain't liable to pay for anything except the door jam, but I don't want to give him an inch and he take a mile. I told him the place was obviously "move-in ready" since the tenants moved in the next day we left. We allowed them (tenants with landlord) in the place while we were living there to look around a couple weeks before we moved out. So he did a walk-through. Should I write him a letter to decline all allegations or is it better for me to stay hush hush?

 

[army judge]

It has been approximately 17 days until we got the money in our hands. Moved out May 30, 2010 and recieved money June 16, 2010. I am satisfied with the amount we recieved back. He is threatening for me to pay all the damages listed above. He wrote that I can personally bid out to Contractors to replace the 2nd bath tub. Other tenants have been in the house since May 31, 2010 (Day after we moved out). I feel I ain't liable to pay for anything except the door jam, but I don't want to give him an inch and he take a mile. I told him the place was obviously "move-in ready" since the tenants moved in the next day we left. We allowed them (tenants with landlord) in the place while we were living there to look around a couple weeks before we moved out. So he did a walk-through. Should I write him a letter to decline all allegations or is it better for me to stay hush hush?

He can't make you pay.

The only way he can get any money now, is to sue you.

Will he? I doubt it.

He's just angry.

I'd just move on.

If he sues me, you've stated your defense above.

The other tenants could have damaged the unit, since their move in.

 

[mightymoose]

Just based on how you wrote it above, I would suspect you might be responsible for 1,2,3,5 and 6. I include 6 only because you removed the damaged piece on your own rather than notifying the landlord for repair... he has no way to tell how or why the damage was caused and can reasonably hold you responsible for it.