Can my Landlord keep my security deposit even though I cleaned my apartment before I left?

Asked about 4 years ago - Jupiter, FL

The Realtor that represents him is saying that the carpet cleaners who professionally cleaned my carpets did not do a good enough job. Also that the base boards, the grout and the walls are dirty. I cleaned all of them before moving out. They were not spotless but definitely better than when I moved in. What do I do?

Attorney answers (3)

  1. Eric Aaron Jacobs

    Contributor Level 9

    Answered . The answer is, it depends. First, to be able to claim your deposit (or any part of it) there is a specific notice that the Landlord has to provide you within a fixed period of time. If they don't they may not claim against your deposit. There are also specific requirements about how a landlord is required to hold your deposit (which are frequently violated). It is not unusual for Landlords to come up with justifications for deposit retention. On the bright side, a Tenant may recover attorneys fees from a landlord if the Tenant is successful. I would suggest you talk to a lawyer as many will handle this on a contingency basis if the case looks good.

    Eric Jacobs
    jacobsoffir.com

  2. Ian C. White

    Contributor Level 9

    Answered . First and foremost, did you receive a letter via certified mail from the Landlord about the claim against your security deposit? If, after you vacated, you provided the Landlord with a forwarding address, the Landlord has 30 days to send you a letter via certified mail regarding the claim against your deposit. Failure to comply with this requirement will mean that you get all of your deposit back. This doesn't, however, mean the Landlord can't come after the alleged damages through a small claims action against you. If you received the letter mentioned above, you have 15 days in which to dispute the charges IN WRITING back to the Landlord.

  3. Scott M. Behren

    Pro

    Contributor Level 14

    Answered . There are a number of requirements under Florida law for a landlord to keep your security deposit. Take a look at the florida statute 83.49. You can contest your landlords claim to the security deposit and recover your attorneys fees for doing so.

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