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Claimant's opinion: You all have forgotten that a realtor found that house for me. She saw exactly how the house looked inside. You can take out money for the carpet cleaning and that's all. Every apt, house, etc I have every rented they always put fresh paint on the wall for the new tenants.
Claimant's opinion: You never fixed the light in the former living room. I never utilized the whole house. I never went on the patio because it always looked creepy from day one. The door was broken and you could not lock it,
Claimant's opinion: Carpet cleaning for that house was only going to cost $99.00, That is only thing I was going to do and didn't get around to doing it, and I forgot to change the filter.
The Security Deposit for a property is utilized to take care of items that a tenant neglected to do. This does not mean a tenant did nothing it simply means that it was not 100% complete. As for there being outstanding maintenance items at the home. There were things that were owner responsibilities, the items below are tenant responsibilities and that is what the security deposit was charged against.In this instance the home was mostly clean however, the air return on the air handler was dirty, back of the toilet was dirty, window ceil had a decomposed lizard, dust and dead bugs, and the porch needed pressure washing and it was pressure washed on the former tenant’s original move in. As for the carpets, each room with the exception of the front room had indentations from furniture in them. So carpet cleaning was done to lift those depressions. In the master bedroom, in which the carpet was new there was a stain that was treated and partially removed. Touch paint and wall repair, the former tenant did fill some holes in the wall from pictures and curtains; however, they were not painted. Paint pigments are changed so a color that one has color matched at Lowes or Home Depot is not the same as the paint on the wall, so the entire wall has to be painted.Air filter and coil cleaning on the air handler, the air filter was not brand new, it was a brown color which means it hadn’t been just replaced. If the air return grate is dirty and the filter is dirty then I have to have the ac company come out and do a coil cleaning. This is a labor intensive process as they have to take the coils out of the air handler to clean them and then re-install them.None of these things individually are exceptionally large; however, they do have a cost and that cost is met by the Security Deposit for the exact reason that it is collected. No portion of the Security Deposit is being returned.
"The Security Deposit for a property is utilized to take care of items that a tenant neglected to do. This does not mean a tenant did nothing it simply means that it was not 100% complete. As for there being outstanding maintenance items at the home. There were things that were owner responsibilities, the items below are tenant responsibilities and that is what the security deposit was charged against.In this instance the home was mostly clean however, the air return on the air handler was dirty, back of the toilet was dirty, window ceil had a decomposed lizard, dust and dead bugs, and the porch needed pressure washing and it was pressure washed on the former tenant’s original move in. As for the carpets, each room with the exception of the front room had indentations from furniture in them. So carpet cleaning was done to lift those depressions. In the master bedroom, in which the carpet was new there was a stain that was treated and partially removed. Touch paint and wall repair, the former tenant did fill some holes in the wall from pictures and curtains; however, they were not painted. Paint pigments are changed so a color that one has color matched at Lowes or Home Depot is not the same as the paint on the wall, so the entire wall has to be painted.Air filter and coil cleaning on the air handler, the air filter was not brand new, it was a brown color which means it hadn’t been just replaced. If the air return grate is dirty and the filter is dirty then I have to have the ac company come out and do a coil cleaning. This is a labor intensive process as they have to take the coils out of the air handler to clean them and then re-install them.None of these things individually are exceptionally large; however, they do have a cost and that cost is met by the Security Deposit for the exact reason that it is collected. No portion of the Security Deposit is being returned."
This claim will remain posted until resolved.
I would advise the claimant to check Florida's laws regarding 'normal wear and tear' and landlord responsibility. As a former landlord and former Realtor I did not expect one tenant to leave the house move-in ready for the next - I expected it to be clean, yes, but not leaving me with zero work.
I did provide paint chips or touch-up paint for all tenants so that it was easy for them to paint over filled holes (one expects a tenant to hang pictures etc) and without exception they took care of that. I did not expect them either to never hang a picture, or to literally dig out a chunk of wall to try to paint-match it - that's unreasonable.
I also provided air filters and a schedule for changing them. Perhaps someone with a/c repair experience can weigh in as to whether coils need to be cleaned if a filter is grubby? Did the landlord provide a copy of the invoice?
It is normal for a tenant to put furniture into a house, and furniture is going to leave indents on the carpet. I have never heard of requiring carpet cleaning to take care of that - an ice cube in each indent does the trick just fine. It is reasonable for charging to remove a new stain; it is not reasonable to charge for indents, in my opinion.
I would have to see the actual contract to know exactly what was required - if the contract requires the tenant to change the filter, stove pans, etc., that's one thing and there will be a deduction if that isn't done. If the tenant was required to have the carpets cleaned and provide the invoice (as I've seen in some states/contracts) then it's fair enough to deduct for that, although the response from AARON ZELINSKAS/ WEST FLORIDA WHOLESALE PROPERTIES did not note that.
In some states, painting and carpet cleaning between tenants is considered normal wear and tear. In others, the law is different but there are still rules. For instance, if paint is normally expected to have a three year lifetime, and the house was painted three years ago, then this tenant should not be expected to pay the full cost of painting - the landlord will deduct those expenses from his income tax against his rental income.
Bugs on the window sill? Please! Trivial. Hardly on the scale of an oven with 2 years of grease built up. I wouldn't dream of charging a tenant for that.
It looks to me overall as if the tenant has a little responsibility here but certainly hasn't done the kind of damage that is worth $1400. I would suggest an equitable split.
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