question about security deposit

[firefighter196]

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

4 days before my tenant moved in I had installed a brand new carpet in the apartment. He moved out last week and the carpet is filthy, disgusting.
Can I deduct the costs to clean it from his security deposit?

 

[JETX]

Can I deduct the costs to clean it from his security deposit?

And what did you learn when you researched your state landlord-tenant laws??

Hint: They are located at:
Statutes & Constitution :View Statutes : flsenate.gov

 

[sandyclaus]

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

4 days before my tenant moved in I had installed a brand new carpet in the apartment. He moved out last week and the carpet is filthy, disgusting.
Can I deduct the costs to clean it from his security deposit?

You absolutely can. You are entitled to deduct from the security deposit any & all costs associated with restoring the unit back to the same condition as it was when you rented it to your tenant. If you cannot clean it, you would be entitled to the replacement cost to put in new carpet. Just be prepared to show the records tor purchasing & installing the new carpet as proof of the move-in condition.

 

[Equeen]

Yes you can!

If it was clean when they moved in (and you can prove it with photos and or receipts) you can and should expect it clean when they move out.

Clean it and deduct from SD. Send the settlement statement completely detailing the deductions. Along with the balance of the SD (assuming there is a balance) in your states allotted time frame.

Good Luck!

 

[firefighter196]

Thank you!

 

[JETX]

You absolutely can. You are entitled to deduct from the security deposit any & all costs associated with restoring the unit back to the same condition as it was when you rented it to your tenant.

Sorry, but NOT correct.
A landlord is NOT allowed to deduct or recover 'normal wear and tear'.

If you cannot clean it, you would be entitled to the replacement cost to put in new carpet. Just be prepared to show the records tor purchasing & installing the new carpet as proof of the move-in condition.

And the cost and date of the carpet that was installed when this tenant moved in. Also, when representing a case like this, I also ask that the landlord provide ALL records of tenant deductions for carpet from the time current carpet was installed.

You would be surprised how many landlords have collected 'new' carpet claims several times over for the exact same carpet. Also, how many times landlords try to claim 100% recovery for a carpet that was installed YEARS prior to this tenant moving out.

 

[firefighter196]

Hello,

I have the receipts from Loews, the carpet was installed 2 days before they moved in.


I was reading the Florida's Landlord/Tenant Law
Summary of Chapter 83, Part II - Florida Statutes and it says:

"One of the most important responsibilities as a tenant is to leave the premises in a clean condition for the next occupant. Be sure to vacuum, sweep, clean all rooms, cabinets and appliances, as well as other areas specified in the terms and conditions of the rental agreement. Take a last walk-through with the landlord. Note any damages in writing and reach a final agreement."


I would think that washing the carpet is part of the cleaning the tenant is suppose to do or pay for. I am not charging them for wearing out the carpet, just to clean it up.

 

[FarmerJ]

FF Take alot of pics of the carpeted areas that are dirty before and after it is cleaned, it is acceptable to charge for cleaning carpet when a tenant fails to clean it before they move out. Sad to say but yes many tenants do not either ask LL in the last 30 to 60 days any questions at all about cleaning carpeting.

 

[ecmst12]

How long was the tenant there? They only owe up to the value for the carpet at the age it was at MOVE OUT, not move in.

 

[sandyclaus]

Just a note (echoing many posts that came before).

Dirt is not considered wear & tear and the carpet would not require cleaning if it wasn't dirty.

OP did say it was "filthy and disgusting", and unless Lowe's installed disgustingly dirty carpeting (which I assume OP would not have paid for), the damages he speaks of would not be attributable to wear & tear here.

 

[Equeen]

You CAN and SHOULD charge them for cleaning. If you can show it was clean or new when they moved in and dirty when they left, charge them!!!

If the carpet is stained you can charge them the depreciated value to replace the carpet.

If they left it clean but worn (high traffic areas like halls and stairs show wear first) that is a completely separate matter. You are not expected to clean after you tenants!!

I know this to be true in IL where I have sat through my share of LL/Tenants cases! I'm not a lawyer but I don't think there is a state in the union that requires the LL to become the tenant’s maid!! There are tenants that think so**************..which might explain my time in court!