Thursday, November 24, 2016

Florida Tenant looking for input on a claim to my deposit legaladvice

Good afternoon everybody, I've recently asked r/landlord for some input and now I'm hoping to get a legal perspective on my situation.

My former landlord is trying to deduct from my deposit and charge me for a full re-painting of the apartment. Anybody curious about the status of the paint can check out the album I uploaded for my post to r/landlord. http://ift.tt/2g91Vj0

They are citing a paragraph in an addendum to the lease that was added at my most recent renewal; I will transcribe below:

  1. REFUND OF SECURITY DEPOSIT: TENANT vacates the Premisis, either upon expiration or termination of this lease, TENANT shall complete and pay for the following items to LANDLORD'S satisfaction, and if LANDLORD has to complete and pay for such items, TENANT shall reimburse LANDLORD for same: (a) clean the entire apartment; (b) remove any items on the walls; (c) fill in any holes in wall as well as paint the apartment; (d) clean all kitchen appliances (e) all rugs shall be vacuumed, cleaned and shampooed including removal of all stains; (f) the refrigerator must be entirely empty and cleaned; (g) the apartment shall be exterminated; (h) repair any damages to appliances caused by TENANT and his guests. Upon TENANT vacating the Premises, TENANT shall advise LANDLORD of his new mailing address in writing, and deliver to LANDLORD two mailbox keys and two apartment keys. LANDLORD shall send the appropriate security refund to TENANT after all of the above has been complied with.

So here's my question: Without any damages, can they really charge me to repaint the entire apartment? My understanding of this paragraph was that, should I put any holes in the wall, I'd have to repaint to match. They are telling me that I was given a fresh coat of paint (I wasn't), so that I have to leave it with a fresh coat of paint. I thought that this fell into 'wear and tear' and part of routine property maintenance. They are also trying to charge me a 'sales tax' on all the deductions, which I'd also appreciate your input on, as that doesn't sound legitimate. If, in the event that this paragraph does legally put responsibility of painting on me, can I demand to see proof of cost as well as completion? The paint was NOT fresh when I moved in, so I am concerned that they are going to keep this money and not actually use it as they are claiming.

Thank you in advance for any and all input!



Submitted November 25, 2016 at 01:16AM by Kyte_Leingod http://ift.tt/2fwBq94 legaladvice

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