Facts:
I am in the closing stages of a lease and have received notification from my landlord that he intends to bill me for the re-sodding of the front and back yard of the house. The cost of this likely exceeds the amount of the security deposit.
Security Deposit: $1,000
Pet Deposit: $500
The backyard lawn is in the same (many weeds, patchy) condition as it was upon commencement of the lease. The front lawn was in a similar condition, but has already been re-sodded.
The lease does not terminate until the middle of this month, yet the landlord has already re-sodded the front yard at a cost of 600 dollars. He states:
"As you are aware, I used $600 of your security deposit to replace the sod in the front yard. It will be necessary for me to use the remaining portion of your security deposit to complete the work in the backyard. Any expenses incurred over your deposit are also your responsibility."
I was not aware that the 600 was allocated from the security deposit. I assumed he was making land improvements independent of my habitance.
Florida statute 83.49(3) states that any declaration of withholding of security deposits is required to be sent to the tenant via certified mail. All contact from the landlord has been via e-mail. The statute continues: "If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit"
My lawn mower did break, and the landlord had the lawn mowed twice. I have no problem paying him back for having the lawn mowed. I do have a problem paying to have the yard re-sodded.
I don't particularly care if I don't get my deposit back. I, however, do not want to be held liable for expenses above the amount of my original $1,500 in deposits.
I have a good relationship with the landlord, as I have always paid rent, in full, on time; and I have kept the house in nice condition.
My thoughts:
This is, in my opinion, a home improvement project that the landlord is trying to have me pick up the tab for.
The lawn was not in good condition at the beginning of the lease. It is not in good condition now.
Here is my fault: I have always had positive rental experiences, and as such, I was very laid back in the pre-lease inspection, and marked the yard as "Move-In: OK". I didn't feel the need to state that the lawn had many weeds, and was patchy, but I was willing to accept it as-is. I don't have any pictures to document the pre-lease condition of the grass. (I have learned from this mistake! :beer
I feel the landlord is taking advantage of my pre-lease passivity by buying himself a long-needed new lawn on my dollar.
Questions:
1.) Did I forfeit any claims to the pre-lease condition of the lawn upon making the statement "Move-In: OK", or can I argue the subjectivity of the statement in that I was OK with the condition of the lawn, however, it was not in ideal, like-new condition?
2.) If I lack any defense to the pre-existing condition of the lawn, is it still incumbent on the landlord to provide a preponderance of evidence that the damage occurred during my residence? How could he make a case that the weeds/patches were my fault?
3.) If it is determined that the lawn incurred damages during my residency, can I be held responsible for expenses the landlord made prior to my vacating the residence? Can it not be argued that I would have made efforts to remedy any adjustments/repairs to the property prior to the end of the lease, and thus should not be charged for expenditures made prior to lease termination?
4.) As stated earlier, the statement was received via email. My thought is to not address it, but instead, to wait for certified mail, as spelled out in the state statutes. I justify this thought with the reasoning from Florida Statute 83.49(3)(a), in that if I do not receive written notice via certified mail in the alotted time period, I am to receive the deposit in full. Is this wise?
5.) I feel like I know the answer to this, but can the landlord pursue expenses in addition to the original security deposit? Does this happen often?
6.) Would this be worth his time in a small claims court? As stated above, I don't particularly care if I don't get my deposit back, but I don't want to give him more than I already have. $1,500 is already a lot of money... I can't imagine any final amount he would pursue would be much higher than this.
7.) Other thoughts/advice?
I am in the closing stages of a lease and have received notification from my landlord that he intends to bill me for the re-sodding of the front and back yard of the house. The cost of this likely exceeds the amount of the security deposit.
Security Deposit: $1,000
Pet Deposit: $500
The backyard lawn is in the same (many weeds, patchy) condition as it was upon commencement of the lease. The front lawn was in a similar condition, but has already been re-sodded.
The lease does not terminate until the middle of this month, yet the landlord has already re-sodded the front yard at a cost of 600 dollars. He states:
"As you are aware, I used $600 of your security deposit to replace the sod in the front yard. It will be necessary for me to use the remaining portion of your security deposit to complete the work in the backyard. Any expenses incurred over your deposit are also your responsibility."
I was not aware that the 600 was allocated from the security deposit. I assumed he was making land improvements independent of my habitance.
Florida statute 83.49(3) states that any declaration of withholding of security deposits is required to be sent to the tenant via certified mail. All contact from the landlord has been via e-mail. The statute continues: "If the landlord fails to give the required notice within the 30-day period, he or she forfeits the right to impose a claim upon the security deposit"
My lawn mower did break, and the landlord had the lawn mowed twice. I have no problem paying him back for having the lawn mowed. I do have a problem paying to have the yard re-sodded.
I don't particularly care if I don't get my deposit back. I, however, do not want to be held liable for expenses above the amount of my original $1,500 in deposits.
I have a good relationship with the landlord, as I have always paid rent, in full, on time; and I have kept the house in nice condition.
My thoughts:
This is, in my opinion, a home improvement project that the landlord is trying to have me pick up the tab for.
The lawn was not in good condition at the beginning of the lease. It is not in good condition now.
Here is my fault: I have always had positive rental experiences, and as such, I was very laid back in the pre-lease inspection, and marked the yard as "Move-In: OK". I didn't feel the need to state that the lawn had many weeds, and was patchy, but I was willing to accept it as-is. I don't have any pictures to document the pre-lease condition of the grass. (I have learned from this mistake! :beer
I feel the landlord is taking advantage of my pre-lease passivity by buying himself a long-needed new lawn on my dollar.Questions:
1.) Did I forfeit any claims to the pre-lease condition of the lawn upon making the statement "Move-In: OK", or can I argue the subjectivity of the statement in that I was OK with the condition of the lawn, however, it was not in ideal, like-new condition?
2.) If I lack any defense to the pre-existing condition of the lawn, is it still incumbent on the landlord to provide a preponderance of evidence that the damage occurred during my residence? How could he make a case that the weeds/patches were my fault?
3.) If it is determined that the lawn incurred damages during my residency, can I be held responsible for expenses the landlord made prior to my vacating the residence? Can it not be argued that I would have made efforts to remedy any adjustments/repairs to the property prior to the end of the lease, and thus should not be charged for expenditures made prior to lease termination?
4.) As stated earlier, the statement was received via email. My thought is to not address it, but instead, to wait for certified mail, as spelled out in the state statutes. I justify this thought with the reasoning from Florida Statute 83.49(3)(a), in that if I do not receive written notice via certified mail in the alotted time period, I am to receive the deposit in full. Is this wise?
5.) I feel like I know the answer to this, but can the landlord pursue expenses in addition to the original security deposit? Does this happen often?
6.) Would this be worth his time in a small claims court? As stated above, I don't particularly care if I don't get my deposit back, but I don't want to give him more than I already have. $1,500 is already a lot of money... I can't imagine any final amount he would pursue would be much higher than this.
7.) Other thoughts/advice?
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