Security Deposit withheld for damages

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Old 05-01-2013, 03:01 PM
OldManTime OldManTime is offline
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Default Security Deposit withheld for damages

My tenant broke my microwave oven, and vertical blind, and has admitted to it. I wouldn't consider this normal wear and tear.
I have a signed rental agreement with a former tenant that states ""The tenant will pay a security deposit of $500.00. This deposit will be held as security for the repair of any damages by the tenant."

That statement is pretty broad, do you think i can withhold a part of there deposit?
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Old 05-01-2013, 03:07 PM
Golfingnut Golfingnut is offline
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Originally Posted by OldManTime View Post
My tenant broke my microwave oven, and vertical blind, and has admitted to it. I wouldn't consider this normal wear and tear.
I have a signed rental agreement with a former tenant that states ""The tenant will pay a security deposit of $500.00. This deposit will be held as security for the repair of any damages by the tenant."

That statement is pretty broad, do you think i can withhold a part of there deposit?
Not unless you have that contract with this tenant.
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Old 05-01-2013, 03:07 PM
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Originally Posted by OldManTime View Post
My tenant broke my microwave oven, and vertical blind, and has admitted to it. I wouldn't consider this normal wear and tear.
I have a signed rental agreement with a former tenant that states ""The tenant will pay a security deposit of $500.00. This deposit will be held as security for the repair of any damages by the tenant."

That statement is pretty broad, do you think i can withhold a part of there deposit?
If they admit they caused the damages, or it was proven all was well with a signed statement upon arrival, and now it is broken, I would get the prices for the repairs and submit it to them. If the $500 does not cover it, they would make up the difference. If so, return the unused portion.
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Old 05-01-2013, 03:10 PM
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Your property has sustained damage. Does the microwave have to be replaced or can it be repaired. What about the blind? Why couldn't you withhold funds for repairs?
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Old 05-01-2013, 04:11 PM
kstew43 kstew43 is offline
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as a realtor and a landlord therea re special rules that apply. you will have to abide by the landlord/tenant act for florida.

you will need to send them a certified letter explaining why you are keeping the funds within a certain amount of days, I believe 30, and they get to respond to your letter of demand within a certain number of days. Then the funds have to be returned to them within a certain time frame, ext....

there are lots of rules. get on the tenant/landlord site for the state of florida. If you don't follow the procedures, you are not entitled to keep there money.

the state of florida explains what they consider damages and such. google it and good luck....
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Old 05-01-2013, 05:48 PM
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Quote:
Originally Posted by kstew43 View Post
as a realtor and a landlord therea re special rules that apply. you will have to abide by the landlord/tenant act for florida.

you will need to send them a certified letter explaining why you are keeping the funds within a certain amount of days, I believe 30, and they get to respond to your letter of demand within a certain number of days. Then the funds have to be returned to them within a certain time frame, ext....

there are lots of rules. get on the tenant/landlord site for the state of florida. If you don't follow the procedures, you are not entitled to keep there money.

the state of florida explains what they consider damages and such. google it and good luck....
Thank you for your expertise!
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Old 05-01-2013, 06:42 PM
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The previous post is not exactly accurate. The rules they are talking about apply to long term rentals only. And the site clearly distinguishes between a long term tenant and one who rents as a vacation home short term. ie week or month. Be sure you understand the difference. And the answer to your question is that if your lease clearly states the actions taken with the security deposit, then you can get the repairs completed and with hold that amount from the deposit.
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