FL Section 83.46(2), F.S. : ezLandlordForms

Start a new topic

FL Section 83.46(2), F.S.

Nursing R

started a topic over 12 years ago

Tenant had lease with no specified term to renew or move. He gave no notice even though a renewal option was sent. On the rent due date he arrived at our door stating he had moved & requesting inspection & Security Deposit refund. I met him the next day @ property & identified a shower rod broken out of wall with damage & rugs were not cleaned. I gave him to option to do himself & he retained the keys. The next the wife came to my house & turned in keys & did not reply to my question regarding the items. I went to house & neither had been done. We got the wall repaired & my husband rented rug cleaner & did all 4 rugs. They were new when he took possession & 3 people had lived on they for 2 years. I deducted $75 for wall repair, $180 for rugs & one months rent for lack of notification & time it took to get the house ready, advertise & show, etc. I rented it four days short of the month. I timely sent the standard letter & balance of security. I got NO reply back for a couple of weeks beyond the 15 days allowed by law in Florida with an objection. They claimed the letter got lost, etc. The check was not cashed & then I got the objection. I held my position, issued a new check (stopped other) timely & then they filed in Court demanding all except wall repair. Mediation did not resolve. We then sent another check for the month's rent only holding out the rug & wall repair but they refused & want court costs as well. We go back Tuesday. Question 1. Since we got no notice are we entitled to loss of rent? 2. Is it a mute point if their objection was not received for weeks after the specified 15 days allowed by law? 3. Should we be paying court costs if they are responsible for the wall & rugs? What is my best defense to Judge? Thanks. HL

1 Comment

Sharon S

said over 12 years ago

Did the judge award the Tenant court costs?