UpsetinOcala
New Member
My question involves landlord-tenant law in the State of: Florida (Marion County)
I rented a home beginning at the end of January 2012. At the initial look at the home, there were noticeable damages including damage to the plastic screening on the porch, areas of the wall that had been patched and not repainted, a sliding glass door lock that was not functional, a scratched and unclean hardwood floor surface, and badly soiled and stained carpet. Verbally we agreed that she would finish the painting and clean up prior to my move-in, but I specified that since I owned cats I would not request the carpets be replaced so as to not be charged for replacement if they were damaged. The carpet "agreement" was included on the rental lease contract itself. Upon move in, I discovered that she did not appear to have made any additional attempts to clean up or continue repairs on the home (approx two weeks had passed). Because I had pets that I did not want attempting to escape, did not want people in and out of the home with my belongings inside without my presence, and had a difficult work schedule, I verbally agreed with her that what I felt needed to be taken care of we would do from our end (NOT in any way accepting financial responsibility for said work or repairs) but that essentially I was fine with leaving stuff as is for her to take care of AFTER my lease was up. It had been my intention to fix the door lock but because I had something in the track preventing it from being opened and because she continually failed to provide the lock that she said she would buy for replacement, it was never done.
Repair work that was done included getting the well pump outdoors working (per verbal agreement I could use if I repaired but I would have to take care of it myself), fixing garage door lock so it could not be opened from outside, painting of the most noticeable spots (there were some we didn't notice until after finishing and I decided I didn't care enough to worry about it), and windows that were not lined up properly and wouldn't lock were aligned back into place. Because I was not provided with any form of move-in checklist until weeks had passed and the work had already been done, I did not feel comfortable completing it that far post date. I was naive and did not think I needed extensive documentation (no photos, nothing in writing).
At the end of the initial year, she came to the house to do an extensive walk-through that was prolonged while she examined every surface. She must have felt the house had been maintained well-enough despite making some comments about some dead bugs she found inside the windows (which I had never opened for fear they may get stuck again) and things of that nature.
I gave notice of intent to vacate with my final month of rent and before returning keys I did extensive cleaning, and had help from three others who are all willing to testify to the amount of cleaning done. Additionally, significant yard work was done. She made no mention of a walk-through and thoroughly exhausted after days of bleaching the kitchen and bathroom surfaces, cleaning the hardwood floors, and back-breaking yard work, I went to my new home the day before the lease was up while my father dropped off the keys to her at her home. Again she made no offer of a walk-through. Again I was naive and did not insist on one, and was so tired I forgot to take pictures.
During the two years there I never once bothered her for any maintenance issues other than to tell her that the old thermostat wasn't always working. Before I moved out. she asked me if everything was working properly including the well, I reminded her about the thermostat. I did not disclose to her that the master bathroom sink had gotten a crack in it which at the time I had patched to keep from causing water damage. It had been my intent to see about replacing the sink myself so that I would not be overcharged by her, but I decided it would be better to leave that to her and just let her take it out of the security deposit of $750.
After my dealings with her, I certainly did not expect to get my security deposit back in full, or possibly not at all, though I was willing to walk away from it to just not have to deal with her. But yesterday (on February 27) I was shocked to received a certified letter stating that in addition to keeping my full deposit, she found me liable for an extra $6594.74. She sent an itemized list which included several things like the replacement of carpet in the rooms that we agreed I was not liable for, replacement of the broken door lock, replacing the damaged and cracked plastic sheeting on the patio (I replaced one section after my cat widened an existing hole, escaped and was hit by a car and gave her the receipts for the $18 it costs for the supplies to do so. It was agreed that if that section was damaged again I would pay for that), and repairing wall damage (scratches) and repainting. And additionally a half a month of rent due.
Included with with that list was an estimate which shows she intends to charge me for cleaning areas that were cleaned with bleach extensively prior to move in and had no damage or need to be recleaned, cleaning the hardwood floors but then also replacing the hardwood floors.
She further included a copy my pet addendum to remind me that $50 extra per month I paid to have my cats as tenants and $500 non-refundable pet fee would not be applied to any of the damages made by my pets. I agree that if the carpet had not been specified as not my responsibility it would not be covered by I think residual cat fur on the filter I forgot to replace and some scratches should be considered normal wear and tear over a two year period in a house that already had some scratches and needed to be repainted.
She also included a signed copy of of a county ordinance stating that the yard had to be kept up to standards, despite having trimmed the trees, hedges and lawn prior to moving. The only trash left in the premises was actually there from the previous tenants and/or landlord (blankets I found while mowing the lawn, soda can left hanging from fruit tree, and two trash cans with items such as a curtain rod and other non-perishables). I did not feel it was my responsibility to dispose of said trash if it was on property at time of move-in.
Obviously not included are any statements or forms discussing state of home at move-in, nor any documentation of a final walk-through.
I know that I must send a response of dispute back to her via certified mail within 15 days, but I need to have a better idea of what I can actaully be held liable for. I am not opposed to paying fair replacement value for any actual damage incurred while keeping in mind this is an older home and clearly the old carpets had depreciated in value, as had cabinet doors and the wood flooring. I would not even be opposed to walking away from the security deposit in full and chalking it up to a hard lesson learned. But I don't have ANY money and am already in default on a student loan and back paying medical bills from having been very ill while living there. It does not seem legally sound that I should be forced to pay for damages done by previous tenants and cleaning not done prior to my move-in. She is "offering" to let me pay only $5719.74 additional if I don't insist on litigation to resolve the issue.
So in summary, thank you for reading this lengthy post and
1 - what can she actually hold me liable for considering that the house had not been completely repaired or cleaned after previous tenants and that no walk-throughs or checklists were done
2- can she hold me liable for replacement of carpeting despite our previous written agreements and normal wear and tear (plastic the in the Florida sun will crack and break over time), grout may get "moderately" dirty in the course of two years of living in an abode
PLEASE HELP! I'm scared that her desire to make me pay for damages she couldn't collect from previous and for home improvements will actually force me to file for bankruptcy! It may seem like a small amount but to someone already struggling to pay off debts it's huge!
I rented a home beginning at the end of January 2012. At the initial look at the home, there were noticeable damages including damage to the plastic screening on the porch, areas of the wall that had been patched and not repainted, a sliding glass door lock that was not functional, a scratched and unclean hardwood floor surface, and badly soiled and stained carpet. Verbally we agreed that she would finish the painting and clean up prior to my move-in, but I specified that since I owned cats I would not request the carpets be replaced so as to not be charged for replacement if they were damaged. The carpet "agreement" was included on the rental lease contract itself. Upon move in, I discovered that she did not appear to have made any additional attempts to clean up or continue repairs on the home (approx two weeks had passed). Because I had pets that I did not want attempting to escape, did not want people in and out of the home with my belongings inside without my presence, and had a difficult work schedule, I verbally agreed with her that what I felt needed to be taken care of we would do from our end (NOT in any way accepting financial responsibility for said work or repairs) but that essentially I was fine with leaving stuff as is for her to take care of AFTER my lease was up. It had been my intention to fix the door lock but because I had something in the track preventing it from being opened and because she continually failed to provide the lock that she said she would buy for replacement, it was never done.
Repair work that was done included getting the well pump outdoors working (per verbal agreement I could use if I repaired but I would have to take care of it myself), fixing garage door lock so it could not be opened from outside, painting of the most noticeable spots (there were some we didn't notice until after finishing and I decided I didn't care enough to worry about it), and windows that were not lined up properly and wouldn't lock were aligned back into place. Because I was not provided with any form of move-in checklist until weeks had passed and the work had already been done, I did not feel comfortable completing it that far post date. I was naive and did not think I needed extensive documentation (no photos, nothing in writing).
At the end of the initial year, she came to the house to do an extensive walk-through that was prolonged while she examined every surface. She must have felt the house had been maintained well-enough despite making some comments about some dead bugs she found inside the windows (which I had never opened for fear they may get stuck again) and things of that nature.
I gave notice of intent to vacate with my final month of rent and before returning keys I did extensive cleaning, and had help from three others who are all willing to testify to the amount of cleaning done. Additionally, significant yard work was done. She made no mention of a walk-through and thoroughly exhausted after days of bleaching the kitchen and bathroom surfaces, cleaning the hardwood floors, and back-breaking yard work, I went to my new home the day before the lease was up while my father dropped off the keys to her at her home. Again she made no offer of a walk-through. Again I was naive and did not insist on one, and was so tired I forgot to take pictures.
During the two years there I never once bothered her for any maintenance issues other than to tell her that the old thermostat wasn't always working. Before I moved out. she asked me if everything was working properly including the well, I reminded her about the thermostat. I did not disclose to her that the master bathroom sink had gotten a crack in it which at the time I had patched to keep from causing water damage. It had been my intent to see about replacing the sink myself so that I would not be overcharged by her, but I decided it would be better to leave that to her and just let her take it out of the security deposit of $750.
After my dealings with her, I certainly did not expect to get my security deposit back in full, or possibly not at all, though I was willing to walk away from it to just not have to deal with her. But yesterday (on February 27) I was shocked to received a certified letter stating that in addition to keeping my full deposit, she found me liable for an extra $6594.74. She sent an itemized list which included several things like the replacement of carpet in the rooms that we agreed I was not liable for, replacement of the broken door lock, replacing the damaged and cracked plastic sheeting on the patio (I replaced one section after my cat widened an existing hole, escaped and was hit by a car and gave her the receipts for the $18 it costs for the supplies to do so. It was agreed that if that section was damaged again I would pay for that), and repairing wall damage (scratches) and repainting. And additionally a half a month of rent due.
Included with with that list was an estimate which shows she intends to charge me for cleaning areas that were cleaned with bleach extensively prior to move in and had no damage or need to be recleaned, cleaning the hardwood floors but then also replacing the hardwood floors.
She further included a copy my pet addendum to remind me that $50 extra per month I paid to have my cats as tenants and $500 non-refundable pet fee would not be applied to any of the damages made by my pets. I agree that if the carpet had not been specified as not my responsibility it would not be covered by I think residual cat fur on the filter I forgot to replace and some scratches should be considered normal wear and tear over a two year period in a house that already had some scratches and needed to be repainted.
She also included a signed copy of of a county ordinance stating that the yard had to be kept up to standards, despite having trimmed the trees, hedges and lawn prior to moving. The only trash left in the premises was actually there from the previous tenants and/or landlord (blankets I found while mowing the lawn, soda can left hanging from fruit tree, and two trash cans with items such as a curtain rod and other non-perishables). I did not feel it was my responsibility to dispose of said trash if it was on property at time of move-in.
Obviously not included are any statements or forms discussing state of home at move-in, nor any documentation of a final walk-through.
I know that I must send a response of dispute back to her via certified mail within 15 days, but I need to have a better idea of what I can actaully be held liable for. I am not opposed to paying fair replacement value for any actual damage incurred while keeping in mind this is an older home and clearly the old carpets had depreciated in value, as had cabinet doors and the wood flooring. I would not even be opposed to walking away from the security deposit in full and chalking it up to a hard lesson learned. But I don't have ANY money and am already in default on a student loan and back paying medical bills from having been very ill while living there. It does not seem legally sound that I should be forced to pay for damages done by previous tenants and cleaning not done prior to my move-in. She is "offering" to let me pay only $5719.74 additional if I don't insist on litigation to resolve the issue.
So in summary, thank you for reading this lengthy post and
1 - what can she actually hold me liable for considering that the house had not been completely repaired or cleaned after previous tenants and that no walk-throughs or checklists were done
2- can she hold me liable for replacement of carpeting despite our previous written agreements and normal wear and tear (plastic the in the Florida sun will crack and break over time), grout may get "moderately" dirty in the course of two years of living in an abode
PLEASE HELP! I'm scared that her desire to make me pay for damages she couldn't collect from previous and for home improvements will actually force me to file for bankruptcy! It may seem like a small amount but to someone already struggling to pay off debts it's huge!
