Security Deposit Problem

[Stephen991]

What is the name of your state (only U.S. law)? FL

Rented a unit for 5 months. Contract/Lease says nothing about move out cleaning, but agent representing the owner threatened to take money for a professional cleaning out of my security deposit if I didn't agree to pay for it myself. I tried to dispute this, but she continued threatening. So I gave in and paid $150 for a final cleaning.

The unit was delivered in perfect condition except for some minor chipped paint in 4 locations, the size of your fingernail. Two are on a door frame (someone obviously bumped it while walking thru door). One is on a wall. And one is on a closet door, the size of a couple postage stamps.

I spent 3 weeks trying to get touch-up paint from the agent so I could touch up those spots. She failed to provide the paint for me to do the work myself. Instead she had a contractor view some cell phone pics of the chipped paint, and told the contractor they were "holes in the wall" and "damaged door frame". (in my opinion a gross over-exaggeration).

Based upon the blurry photos and that description, the contractor returned an estimate of $425 for damage repairs.

Here are the pictures (you'll have to copy and paste the URL since the board owner here doesnt want to allow images in posts ... )

Copy and paste everything except the URL tag on each end.
http://www.randomstufff.com/unit01.jpg
http://www.randomstufff.com/unit02.jpg
http://www.randomstufff.com/unit03.jpg
http://www.randomstufff.com/unit04.jpg

In addition to this, the agent is demanding that I pay $80 out of the security deposit to have the windows cleaned, even though this is not in the contract, and they are only dirty on the outside where it has rained numerous times.

All told, out of my $3900 security deposit, this agent wishes to keep over $500 of my security deposit for a unit that is nearly 100% perfect and spotless clean. In fact cleaner than when I moved in by far.

She had her attorney contact me and he sent me the following note:

Dear Mr. XXXX:

I have asked the agent to prepare for you a claim letter, under the Florida Statutes dealing with Landlord Tenant matters, outlining the issues that have given rise to a claim upon your security deposit, and the estimate of the repair costs. As you may be aware, the Florida Statutes have a pretty fair system under which these matters may be settled. You will also have a right to challenge the claim brought forth by your Landlord.

If we cannot solve the matter amicably between the parties, then the only thing I can offer is that we proceed to small claims court to have a judge decide the matter.

Regards,

XXXXX

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The agent continues to send me emails even though I have asked her twice to stop contacting me. I only wish to interact with her attorney. She does not care. I told her that her repeated attempts to violate our contract and threaten to keep my money for things I dont have obligation to pay for is going to motivate me to file a complaint against her with the real estate board in Florida.

How would you suggest I proceed within the law, and ethics, and moral honest behavior at this point?

ThanksWhat is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?

 

[Zigner]

If you don't feel you owe the money, sue for it after you receive your deposit refund.

 

[Stephen991]

Update:

The contractor went to the actual unit to view the "damage" and "holes in the wall". She agreed with me. The items were extremely small. Minor. No holes in the wall and no "damage" to the door frame.

Im so sick of the real estate agents dishonesty ...

Still the contractor said the estimate may be about $200 to fix these teeny weeny dabs of chipped paint.

I still need to know what to do regarding the absurd window cleaning fee the real estate agent is demanding from me. This woman has no respect for contracts whatsoever... even her own.

 

[Who's Liable?]

Update:

The contractor went to the actual unit to view the "damage" and "holes in the wall". She agreed with me. The items were extremely small. Minor. No holes in the wall and no "damage" to the door frame.

Im so sick of the real estate agents dishonesty ...

Still the contractor said the estimate may be about $200 to fix these teeny weeny dabs of chipped paint.

I still need to know what to do regarding the absurd window cleaning fee the real estate agent is demanding from me. This woman has no respect for contracts whatsoever... even her own.

If professional cleaning is not listed as a required item upon move-out, it cannot be deducted from your SD. Have the agent clearly outline where it is specifically located in your lease that professional cleaning is mandated.

If you feel you are being harassed by the LL, you can send a cease and desist letter to her and her attorney and inform them you will see them in court.

 

[Zigner]

If professional cleaning is not listed as a required item upon move-out, it cannot be deducted from your SD.

It's a moot point - OP already acquiesced to the request.

 

[Stephen991]

It's a moot point - OP already acquiesced to the request.

I acquiesced to her first illegal demand that I have the unit professionally cleaned. That cost me a whopping $150 out of pocket.

She then viewed the unit after the cleaning and decided I was also obligated to pay $80 to have the windows professionally cleaned. Even though they are in absolutely perfect condition aside from outside/dried rain marks. There is nothing in the contract about being obligated to clean anything, but when you have an immoral, unethical, dishonest woman holding on to your security deposit, you feel like you're in somewhat of a bind.

She is fully taking advantage of every aspect of her job and violating blatant laws and contracts. When i tell her this, she just reacts as if I am being "mean" to her, and says she has no idea what I am talking about.

Some people were never taught basic ethics by their parents...