Can our landlord keep our security deposit for patching holes and not painting in Florida?

Question

In a nutshell we just learned our landlord would not be renewing our lease because of family moving to the country. When we moved in he had just recently purchased the unit and told us the carpet in one room would be replaced, he would paint and clean the unit.Neither was done, we painted and cleaned the existing carpet, replaced outlet covers, got rid of all the trash and furniture left behind, he did take some money off the next months rent but my real question is can he take our deposit if we patch holes and do not repaint but leave the house clean almost move in ready?

Answer 1

That depends. If the extent of the damages were the holes that you filled, then he cannot charge you for damages that do not exist. He is entitled to deduct for general cleaning and professional carpet cleaning but, if those were not done by him/previous tenant when you moved in, then it would be unreasonable to expect you to return the unit to a better condition. You are supposed to leave it in the same or better condition. Nobody can give you a reasonable answer without seeing what the place looked like before and after and we don't know any communication that transpired so, any answer I could give would have to be a maybe.

Answer 2

Yes.

Answer 3

when you moved in it sounds like the place was less than habitable which you took steps to correct--acknowledged the reduced rent

so now as you are moving out, it needs to be in the condition when you moved in(repairs made by you and adjusted rent)

some states require that repainting is required each time a tenant changes and replacement of carpet every so many year, generally 5

Answer 4

Yes, he can charge you for patching holes & repainting needed as a result. Holes in the walls are tenant-caused damage, so you are responsible for the full cost of repair.

Answer 5

Did you or your guests cause the holes? Then yes he can deduct for that, (a reasonable amount), or you can get them fixed yourself, so he can not deduct, Plus in terms of repainting, it might depend on if it is considered normal wear of tear of the paint,

Answer 6

You are required to repair all damages to the unit. Holes in the wall are considered damages and would need to be patched and repainted. If you fail to repaint, the landlord can deduct the cost from your deposit. Understand that it will cost you a lot less to do it yourself since the landlord can charge for the paint and the labor costs.

Answer 7

The LL is required by law to notify you within a certain number of days any monies withheld from your security deposit and the reason for it. But you must provide a forwarding address. You cannot be charged for fair wear and tear. If you can do a good enough job of repairing the holes so that the LL doesn't notice them, then that would work in your favor. Just understand what the LL said you you means absolutely nothing unless he admits to saying it in court (should it come to that).

Answer 8

A security deposit is if the tenant leaves the property damaged, removed items not belonging to them, leave it unclean or leaves things that need dumping or rent owed it is not for general wear and tear...so if you created the holes and didn't make them good/paint then the landlord can cost that and take it from the deposit......... problem is some landlords seem to abuse the reason for a deposit. Can he? Sure he can, people do all sort of things that are not honest. Ask him to do a walk round with you before you leave once it is all clean, get it signed off and your deposit back........ and whatever he says get in writing as verbally you can't prove anything should you need to

Answer 9

Yes obviously.