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Tenants: On The Edge Of Eviction?  Paying Rent comes First!

Tenants: On The Edge Of Eviction? Paying Rent comes First!

  • Posted: Jun 10, 2020
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Every morning for weeks, This Tenant made the same phone call:  To see if that day was the day she’d be evicted from her home.

 

She faced eviction because she couldn’t pay rent on her three-bedroom apartment, she lived where many of the city’s poorest residents live.

It can sometimes take weeks before the marshals actually show up at your door, and she fully expected to be homeless any day!

“And it’s like really scary,” the 28-year-old said. “I try so hard not to cry. Like, I would be like, ‘Oh my God, if they come today, what am I gonna do?’ ”

I first met Limes outside the courtroom of the Landlord and Tenant Branch of the Superior Court, where tenants go when they’ve been sued by their landlords for not paying rent.

That day, a judge ordered a writ of restitution — directions for the marshals to begin eviction proceedings.

Limes wore a black apron and purple shirt with the logo of a local grocery store where she works part time. When the judge asked why she owed more than $3,300, Limes said she was struggling to make ends meet.

“And basically he was like, ‘So the only reason why you’re behind on rent is because you can’t pay rent?’ And I was like, ‘Yeah, that’s the only thing,’ and he was just looking at me like, he said, ‘We’ll send out a writ,’ ” Limes recalls. “And I was just like, ‘Wow, like, is there any way I can get some help?’ ”

Limes is among the hundreds of thousands of Americans who face eviction because they simply can’t afford their rent. One in four low-income families pays more than 70 percent of its income on rent, leaving little money for other bills and almost no room for an unexpected expense.

According to the Harvard Research Center’s State of the Nation’s Housing report in 2018, rising rents and stagnating wages nationwide have contributed to a record number of cost-burdened renters — a situation that is worsened by the shortage of affordable housing for low-income tenants.

 

 

For many Tenants, Living On A Tight Margin is hard

Limes lives with her 4-year-old son and 8-year-old daughter. Her ailing father had been living with her, too, until he died recently.

“I also have my niece. She’s 18 and she’s been going from house to house,” Limes says. “So I told her just come stay with me until she get on her feet.”

Their apartment feels like someplace people are just passing through, with empty walls and plastic bins stuffed with clothes on the floor.

Limes is pretty typical of those who end up in rent court: She’s a single mother, juggling things on her own. She says the father of one of her children is in prison and the other is a deadbeat dad. She lost a full-time job last October; her new job is only 20 hours a week. At $10.50 an hour, that’s not nearly enough to cover her $1,275 monthly rent.

“They’re living on a very tight margin,” says Judge Judith Bartnoff, who presides over the D.C. court that includes the Landlord and Tenant Branch. “And if something happens, if somebody gets sick, if somebody gets hurt, if somebody loses their job, then it throws the whole system off.”

She thinks many of the thousands of tenants who come before the court each year can afford their rent at some point — but just barely.

 

Tenants help pages: learn your rights in any eviction

 

Eviction Means Losing More Than Just A Home

The hallway outside the landlord tenant courtroom is routinely packed with renters who are trying to work out deals with their landlords’ attorneys. Some offer payment plans so a tenant can catch up, but many renters just agree to move out. Or, like Limes, they resign themselves to eviction, which can make things worse.

“It really drives people deeper into a state of hardship,” says Matthew Desmond, a Harvard sociologist who spent more than a year following low-income renters and landlords in Milwaukee that he details in his new book, Evicted.

Desmond says evictions are not just a result of poverty but a cause. It makes lives more unstable. People don’t just lose their homes in evictions, he says.

 

 

“But you often lose your neighborhood and your school. Children often have to switch schools and miss long stretches,” he says.

Families often end up in areas with more crime and poorer-quality housing, Desmond adds.

Limes says she is worried about that. She wants to move, but even studio apartments are $800 a month, which she can’t afford.

“It’s like I’m stuck here. I don’t know where else to go. I don’t want to go to the shelter. I’m trying to get help. But I can’t find help anywhere,” she says.

She did get some temporary aid from the city a few years ago, but permanent housing assistance is almost impossible to find. Limes applied eight years ago for housing vouchers to help cover her rent.

“And nothing. I’m still what, 1,000 something,” she says.

 

The way we see it:  For many developers the game of adding affordable housing is for Taxes and some considerations to build in areas of cities all over America.

If the Gov’t wanted they could set aside, buy and build areas for affordable living but in time the would become slums like other housing existing all over the country. New York, DC, Seattle, and other areas where good intentions gave way to the bad elements. There are Families that need help, Good hard working single moms that were abandoned by their Baby Daddies, I will not blame it on anything other then Education!  I was taught about money, Working hard at a job, when the time was right putting in my leave or Quitting and finding another paying more and moving up.  Many dont know this? or Schools never taught this? either way, they get locked into looking for help and assistance and back we are at Housing.. Make housing , Set rents lower and lock in these rates for 5 years at a time, in those 5 years teach these people about money, a requirement for living in these homes, apts. and at the end move them to the next with a little higher rents to be paid and by now they should have a savings acct, hopefully 2 working adults contributing to the Family Dynamic……………

 

No Homeless Shelter … For Now

Five weeks after my first visit with Limes, furniture was piled on the curb outside her apartment complex. There were mattresses, CDs, a flat-screen TV. Two other families had been evicted that day. But Limes was still waiting, worried that she and her kids would end up back in the city’s homeless shelter where they were in 2012.

“It was hard, and it’s like it was disgusting. And I don’t want to put my kids in that situation again,” she says.

A week later, Limes got a reprieve — but only a temporary one: She received her earned income tax credit check from the IRS and was able to pay off what she owed.

She still has to worry about next month’s rent.

 

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HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

  • Posted: May 07, 2020
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HOW LONG DOES IT TAKE TO EVICT A TENANT IN NORTH CAROLINA?

Pursuant to North Carolina law with the eviction process, a landlord may, following successful judicial proceeding, forcibly evict a tenant seven days after the filing of a writ of possession. North Carolina provides four instances in which a landlord may institute eviction proceedings against a tenant: non-payment of rent, a holdover tenant situation, material breach of the lease agreement by the tenant, or drug trafficking and other criminal activity by the tenant. If one of these specified grounds exist, the landlord must then service the tenant with a notice of the eviction. The notice may give the tenant a time period to cure the violation depending on the ground for eviction. For example, in a non-payment of rent circumstance, the landlord must serve the tenant with a notice of eviction and the tenant has ten days to pay the rent. If the tenant does not comply within ten days, then the landlord may institute eviction proceedings. Landlords: Need help with an Eviction? Need us to help you File

After a notice has been served, and any period for cure has lapsed, a landlord may institute a proceeding for eviction by filing a complaint for eviction of the tenant. Once the complaint has been filed and served along with a summons on the tenant, a hearing for eviction will take place. Both parties will have the opportunity to be heard and present their claims and/or any defenses. If the judge determines that the landlord is entitled to eviction, an order will be entered for the eviction. Each party has 10 days to appeal the order following the judge’s decision. After the 10-day period for appeal has lapsed, the landlord may file for a writ of possession. And after seven days after the writ of possession is filed, the landlord may forcibly take the property by changing the locks, accompanied by the county sheriff.

The actual time period for eviction varies depending on the grounds and notice period required for the specific eviction, and the court calendar in the specific judicial district for the scheduling of a hearing.

You can learn the Eviction Process and Laws in North Carolina

 

We also help Tenant understand the Eviction rights  and help with filing or notices to Tenants.

Contact NationalEvictions.com 

561-756-3540

 

 

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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

Do You Have to Pay Rent if Your Rental Home Needs Repairs?

  • Posted: Oct 27, 2019
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Do You Have to Pay Rent if Your Rental Home Needs Repairs?

What are the rules about housing conditions that landlords must follow?

Your landlord must follow the building, housing, and health laws where you live. These laws are usually local (city or county) codes and ordinances (laws). Your landlord’s duties may be different depending on whether you live in an apartment or a standalone home.

 

In an apartment building, your landlord must:

*Make sure the building does not have rodents (like mice and rats) or bugs (like roaches, termites, or bedbugs).
*Provide garbage pickup.
*Provide plumbing, including hot water.
*Provide heat. (But not air conditioning unless required by your lease or the city or county laws where you live.)
*Keep areas around your building clean and safe.

In a single-family home or duplex, your landlord may:

Make you responsible for many of the duties above by saying that in your lease (in writing).
It is very important to read your lease before signing it and keep a copy of the signed lease with your important papers.

 

What happens when a landlord fails to obey housing codes?

If your landlord does not make needed repairs, give you things, or keep the place clean (as required by law), you can do something about it. However, under Florida law, you are not allowed to simply make repairs yourself and subtract the costs of those repairs from your rent payments.

You have two options depending on whether you want to stay or move out:

If you want to stay: You can stop paying your rent, called withholding, until your landlord makes at least a reasonable effort to solve the issue.
If you want to move out: You can move out before the end of your lease, canceling your lease without having to pay a penalty.

What must a tenant do next?

With both options, the first step is giving your landlord a letter, called a 7-day notice. The letter warns your landlord that you plan to stop your rent payments or move out early.

If you want to move: You must still wait the full 7 days after you give the letter to give your landlord a chance to fix the problem. If it is not fixed, you should move out immediately after the deadline and return the keys to your landlord.

If you want to stop paying rent: You must follow several specific steps. And you can only take these steps if you are not behind in your rent payments and the issues in your home are serious enough to be against the law.

Issues that are serious enough may include:

Necessary repairs (broken fridge, faulty plumbing)
Missing things (no heat, no garbage pickup)
Unacceptable conditions (bug or rodent problems, badly overgrown landscaping)
You should give the letter to your landlord 7 days before your next rent payment is due. You must deliver the letter in person, with another person there (a witness), or send it by certified mail. If you send the letter in the mail, you must mail it 12 days before your rent is due. Be sure to make and keep a copy of the letter before you give it to your landlord and keep proof, including the date, of delivery. You may need this proof if your landlord tries to later evict you for not paying your rent.

Your letter to your landlord must be in writing and include the following information:

A list of the issues that need to be fixed.
The deadline to fix the problem, which is 7 days after your landlord receives the notice.
Your plan if the issues are not fixed by the deadline. This is a statement of whether you are going to move out or refuse to pay rent after that date.
Should I stop paying rent or just move out?
You should think carefully before choosing to move out instead of just stopping your rent payments.

Your landlord may disagree about whether the issues in your letter are serious enough to be against the law. If your landlord disagrees and you move out, your landlord may then demand that you owe a penalty fee or still owe them rent until your lease ends.

Your landlord could sue you to try to recover this money. But landlords often choose not to go to court, and may instead report the supposed debt to the credit bureaus. This can harm your credit score, and credit reports are difficult to change and can harm your ability to rent a home and get a loan in the future.

What does a 7 day notice look like? Find these and all forms on https://NationalEvictions.com

You can download What Every Tenant Should Know About Withholding Rent or What Every Tenant Should Know About Withholding Rent (Spanish) to see a sample.

In the letter, you should make sure to list every problem that needs to be fixed and include copies of the local law, enforcement reports, and any other evidence you think might help prove your claims.

 

What is a housing code inspection?

Before you give your landlord the 7-day notice, you may want to have a housing code inspection.

A city or county inspector will look over, or “inspect,” your home. The inspector will then write a report listing any violations. You can ask the code enforcement office in your city (or county) to do the inspection for you for free. Your landlord may be angry about your decision to report these problems to an inspector and may try to evict you by filing a lawsuit. But the court can decide that the lawsuit is retaliatory and deny your landlord’s attempt.

You should keep a copy of your inspection report. It can be especially helpful if you have to go to court because it has been written by someone neutral (not you or your landlord). It is useful to include a copy of the report in your letter to your landlord. You should also keep photos, records, and other evidence of the issues in your home. Also keep notes or records of any contact (letters, emails, phone calls, meetings) you have with your landlord.

Remember, as long as you carefully follow the legal steps, you have the right to stop paying rent until the problem is fixed. But you must save the rent money you would owe. After your landlord corrects the issue, you must then pay the owed rent. Or if your landlord sues you, you cannot defend yourself in court until you deposit the money you owe with the court clerk’s office.

 

 

Are there different rules for a Section 8 Voucher?

Yes. If you rent your home with a Section 8 housing voucher, special rules apply to you.

Section 8 housing is where a local government agency (called a housing authority) pays part of your rent. You are not allowed to stop paying your rent or move out before your lease ends if you use a voucher and your landlord does not fix the problem.

With a Section 8 voucher, you should report any problems with the condition of your home in writing to your caseworker. You can ask your caseworker to do an audit inspection of your home. This audit is like a housing code inspection – a survey done by the city or county on request, but only for tenants not using vouchers. You should keep a copy of your request for the inspection. Also keep photographs, records, and other evidence of the issues.

 

What Should Be Done With My Rent Money?

No matter what, YOU MUST SAVE YOUR RENT MONEY.

You will need it to pay your landlord after the issues are mostly fixed. There is also a chance your landlord will not want to make repairs and may try to evict you for not paying your rent by filing a lawsuit. If so, you will have to give your rent money to the court clerk’s office before the judge will consider your response to the lawsuit or schedule a hearing where you can tell your side of the story.

If you follow the steps above and your landlord still tries to evict you, your papers will be your most important defense in court. Make sure to keep the copy of the 7-day notice you gave your landlord and proof of its delivery. The court will decide whether you or the landlord gets to keep the rent money. This decision will depend on the amount and type of issues in your home and what your landlord did to fix the problem.

 

What should I go if I get an eviction notice?

One of the first steps your landlord must take to throw you out is called an eviction notice. Your landlord must first warn you, by giving you one of the following in writing:

A letter demanding overdue rent (called a 3-day notice). This letter may say that you have broken your lease agreement in some other way.
Legal papers called the Complaint (the landlord’s request for your eviction) and the Summons (the court’s notice of the lawsuit).
If your landlord is trying to evict you, you must receive the right papers at each step. However, you have a limited time to respond (3-5 days). If your landlord has not fixed serious issues in your home and you received one of the letters above, you should immediately call your local Legal Services office. You should also do this if you disagree with your landlord (you did pay rent or didn’t violate your lease). Your local Legal Services office may be able to help you defend yourself or file papers in court. Do not wait to contact Legal Services for help.

The 5-day deadline to respond to an eviction lawsuit begins counting down when your landlord gives you the legal papers (called serving you). If you don’t answer in time, you will likely lose the case and be evicted. If you sent your landlord a 7-day notice, you should include a copy and proof that you delivered it to your landlord with the papers you give the court (called an Answer). You must also give your rent money to the court clerk’s office before the court will listen to your response or set up a hearing.

 

 

Where Do I File?

After you get an eviction notice, you must submit your responses to the court where the lawsuit was filed. Your landlord should have started the case in the county where you live. Any responses should go to the court clerk’s office, called the clerk of the court, which is usually inside the county courthouse.

You also have to mail a copy of your responses to your landlord or their lawyer. The Complaint and Summons should give you the name and address where you should send the copy (usually on the last page). This is the paperwork that your landlord sent you.

Make sure to keep a copy of any papers you receive and submit in a safe place. This includes any evidence like photos, reports, and official papers. This also includes records of conversations between you, your landlord, and the court like emails, letters, calls, and meetings. Once you give your answers and rent money to the court clerk’s office, the judge will inform you about the next steps (usually by mail). The court may need more information or it may schedule a hearing. You may also be able to check on your case online or at the courthouse itself.

 

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EVICTION DEFENSE BASED ON EVICTION TYPE

EVICTION DEFENSE BASED ON EVICTION TYPE

  • Posted: Aug 02, 2019
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EVICTION DEFENSE BASED ON EVICTION TYPE

Let’s take a step back and study types of evictions that would be claimed in the UD. For the most part, each type of eviction has distinct types of defenses to go with it. To understand which defense applies to a specific type of eviction, we must first look at the various types of eviction.

NationalEvictions: We help Landlords with Evictions!  On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction.  For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.

 

  • Eviction for Non-payment of Rent
    This is the most common reason for eviction. A tenant is unable to pay rent, and therefore the landlord starts an eviction for “non-payment of rent.” The applicable eviction notice a tenant receives with this type of eviction is a “3-Day Notice to Pay Rent or Quit”  But, what if the reason the tenant was unable to pay rent was a result of the landlord’s actions or in-actions? For example, what if a tenant was unable to pay rent because he had to pay an excessive water bill due to the landlord’s failure to maintain the plumbing at the property? In cases involving “non-payment of rent,” tenants may also “withhold” rent because of the landlord’s failure to make necessary repairs or maintenance.  Should a tenant be evicted for withholding rent? Well, if the tenant has approached this situation in the proper order, this may be an acceptable defense to eviction. We’ll talk about the numerous defenses to this type of eviction later.

 

  • Eviction for Termination of Tenancy (no-fault eviction)
    Just as a tenant who may terminate their tenancy with 30 days’ notice to the landlord, California law allows landlords to do the same for tenants who live in a property of one year or less.  For tenants living in a property more than a year, the landlord must give 60 days’ notice.  However, in some cities under local “rent control” or “eviction control” laws, landlords are prohibited from terminating tenancy this way. Evictions legally initiated under these laws do not require any reason or “cause.” The landlord can simply choose to “terminate” the tenancy. If a tenant is unable to comply with the termination notice, the landlord may pursue an eviction in court to regain possession of the property. Evictions initiated under this reason are the toughest to defend against because they do not require any reason or “cause.” The applicable eviction notice a tenant receives with this type of eviction is either a “30 Day Notice to Terminate Tenancy” or a “60 Day Notice to Terminate Tenancy.”

 

Finding companies in your State to help you We have Law Firms, Process Servers, Court Services and Document Preparation companies on our Directories

 

  • Eviction for Breach of Lease or Rental Agreement
    “Breach” means breaking or violating. Any time there is written rental agreement or lease, the “rules” of the tenancy are clearly stated. Typically, the written agreement outlines all the rules a tenant must follow. It is an instrument to protect the landlord and his property. Any “breach,” such as having pets when they are prohibited in the agreement, are a violation that can lead to eviction. But, what if the pet is a trained dog for a disabled tenant? We’ll talk about that later. However, any “breach” is cause for eviction. Usually, landlords notify tenants of breaches of the rental agreement, and give them an opportunity to correct or “cure” the breach. The minimum amount of time a landlord must give a tenant to “cure” a breach is three days.  If a tenant is unable to comply with the notice to cure the breach, a landlord may initiate an eviction.
    The applicable eviction notice a tenant receives with this type of eviction is either a “3 Day Notice to Cure Covenant or Quit” or a “3 Day Notice to Perform Covenant or Quit.” What about “oral” agreements? A tenancy may be created under an oral agreement, and nonpayment of rent can be enforced.  However, it is difficult for a landlord to prove there was a breach of oral agreement for most anything other than rent. This may also work against a tenant because the landlord can simply change terms later. If terms have been changed in writing, these would be legal even if the original rental agreement was oral.

 

  • Eviction after Foreclosure
    There are two types of eviction that fall under the “Eviction after Foreclosure” category. The first is when the owner of a property defaults on his mortgage and the bank forecloses. The home is then sold, and the new owner initiates eviction based on a “Three-Day Notice to Quit” under This type of 3-day notice is different from a three-day notice to pay rent-or-quit because there is no alternative except “quit.” The only way the previous home-owner can comply with the notice is to move-out within three days. The second type of eviction under this category is related to tenants of the foreclosed owner. Often, properties are leased to tenants by an owner who later defaults on his mortgage. The tenant may be paying rent on time, and is otherwise a “good tenant.” But, after the foreclosure, the new owner may initiate an eviction anyway. Under this type of eviction, tenants must be afforded the same process to terminate tenancy under law. If a tenant has a fixed-term lease, even with the previous foreclosed owner the property, that lease may continue.  However, under some circumstances, even with a lease, the tenancy may be terminated with a 90-day notice.

 

 

  • Eviction for Tenancy At Will
    A “Tenancy At Will” is basically a person who lives at a property for an indefinite period without ever paying rent.  ex of case law:(Covina Manor v. Hatch (1955) 133 CA2d Supp 790). Usually, a tenant-at-will is a relative who lives with another for free. For example, an adult child living with parents. This type of tenancy only requires a 30-day notice no matter how long the tenant has resided at the property.

There are other unusual types of eviction. But, for the purposes of this guide, we will focus on the most common as listed above. In the next section, we’ll look at some of the eviction defenses and how they apply to these evictions.

NationalEvictions: We help Landlords with Evictions!  On our Website both Landlords and Tenants can learn how evictions work. For Landlords – We have Every State and the Laws along with each States Process of an Eviction.  For Tenants – How to defend Evictions and what evictions are per your State that apply to your Landlord Tenant Laws.

 

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Here’s some answers for the security deposit laws in Florida

Here’s some answers for the security deposit laws in Florida

  • Posted: Jul 09, 2019
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Here’s some answers for the security deposit laws in Florida

In Florida, many residential rental agreements or leases require a security deposit. Usually a month’s rent, a security deposit is a dollar amount that’s collected by the landlord to protect against property damage due to a tenant’s negligence or carelessness.

When it comes to security deposits, Florida landlords and tenants both have certain basic rights. These rights are specified under Florida landlord-tenant law. Landlords must comply with these laws when handling a tenant’s security deposit.

 

1.   What amount can a landlord ask for a security deposit?

The Florida Security Deposit law doesn’t limit the amount a landlord can charge a tenant for a security deposit. However, the amount should be reasonable.

Local laws can, however, set the cap on the amount a landlord can ask.

 

 

2.   How should landlords store a tenant’s security deposit in Florida?

Florida rental laws state that a landlord can store a renter’s security deposit in three different ways. First, landlords can post a surety bond for the amount of security deposit. A surety can be used as an alternative to a security deposit.

A surety bond, similar to a security deposit, is a form of insurance that provides a contractual promise. That is, the bond company stands ready to compensate the landlord up to the limits of the bond if the tenant fails to abide by the lease terms.

Tenant surety bond premiums typically cost a tenant about 10% to 20% of the deposit. The landlord must also pay the tenant 5% interest annually on the bond.

 

Second, in Florida, landlords can place a tenant’s security deposit in a non-interest bearing account. Landlords aren’t allowed to commingle funds. Also, unless the funds are due, landlords shouldn’t use any part of it.

Third, landlords may also place a renter’s security deposit in an interest-accruing bank account. Interest earned annually must be paid to the renter when the lease term expires. A landlord can pay it in two ways. One, by crediting it back to the tenant in the form of rent. Or two, paying it directly to the tenant.

 

3.   Is a landlord required to give the tenant a written notice after receiving the security deposit?

It’s mandatory for landlords to do so under Florida security deposit law. After its receipt, a landlord must notify the tenant, in writing, of its receipt within thirty days. In the notice, the landlord must state:

  • The address of the banking institution; where the security deposit is being held.
  • If the funds are separately kept or are mixed with other funds.
  • If it’s being kept in an interest-bearing account and how much the interest rate is.

The notice can be delivered in person or can be sent via mail to the tenant.

Moreover, if any of these terms are changed, it’s the landlord’s responsibility to inform the renter in writing within one month.

 

 

4.   What reason does the landlord have to keep all or a portion of the tenant’s security deposit in Florida?

There are instances where a landlord may make deductions from the renter’s security deposit. Common reasons include:

  • The renter made unauthorized repairs. For example, the tenant repainted the rental unit without getting the landlord’s approval.
  • The renter caused property damage. The damage must be in excess of wear and tear. Examples of wear and tear include:
  • Discoloration of furnishings and upholstery.
  • Scratches and marks on wooden furniture, worktops, door handles and other often used items and surfaces.
  • Painting and redecorating.
  • Damage caused to a property due to high winds.
  • Appliances that have broken down due to age.

 

 

Damage caused by the tenant’s negligence or carelessness isn’t the landlord’s responsibility. Examples of damage that a Florida landlord has a right to deduct from the tenant’s security deposit include:

  • Damaged electrical appliances by careless usage.
  • Broken bed frames, tables, curtain frames, chairs, and so on.
  • Pets damaging property or items.
  • Ruined carpets with stains or cigarette burns.
  • Damages caused by a party.
  • Broken windows caused by tenant or tenant’s guests.
  • Failure by the tenant to pay rent. Landlords can withhold a renter’s security deposit when the renter fails to make rental payments.
  • The landlord can also make deductions to a tenant’s security deposit when tenants fail to clean the rental unit especially when they are moving out.

 

5.   Is a walkthrough inspection required under Florida landlord-tenant laws?

No. It isn’t required in Florida. However, in other states like California and Arizona, this process is required. A walkthrough inspection is when both the tenant and the landlord go through the rental unit to assess its condition.

Tenants must vacate the rental premises in the same way they found it when they moved in. Otherwise, the landlord has a right to make deductions to the tenant’s security deposit.

 

6.   When should the landlord return the security deposit to the tenant once they move out?

If the landlord intends to impose a claim on the deposit, the landlord has 30 days to give the tenant a written notice specifying the reasons. The notice, using exact language found in Florida Statute, must list the damages as well as the charges.

The deductions are automatically forfeited if the landlord fails to do this. If the tenant doesn’t object to the deductions, the landlord must send the remaining deposit within 30 days after initial notice.

However, if the landlord doesn’t intend to impose a claim on the security deposit, he or she has 15 days to return the deposit back to the tenant.

 

7.   What happens to the security deposit when property ownership changes?

In the event of property ownership changes, the landlord is required to notify the tenant of the changes in writing. The landlord must also transfer the security deposits to the new landlord. Once this is done, the new landlord assumes all responsibilities under the existing lease agreement.

 

Other Articles on Security Deposits: Read Protecting your Rights to your Security


This overview of security deposit laws in Florida is only meant to be informational. For specific questions, please consult a qualified Florida attorney. For help with your Florida Eviction needs contact us today!

Read the Florida Laws on Security Deposits:   https://www.flsenate.gov/Laws/Statutes/2011/83.49

 

 

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