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In Florida can a landlord reestimate damages after a tenant has been out of the property for 4 months?

I moved out of a rental house on 2/15/08 after a 1 year lease. In March the former landlord sent a detailed list of damages totalling $634 (I thought excessive, but didn't want to argue). I gave a deposit of $1875 when I moved in and never received the balance of my deposit in the allotted amount of time. I sent several letters requesting the balance of $1241 and he kept coming back asking for verfication of the money he was paid. I gave that to him (all written of course) and demanded a return of the balance before taking it further. It is now June 26 and today I received a check for $528.70. In the letter he states that the damages are more than what he originally stated. Can he do this? The time, by law has been up for quite some time. I feel like he is trying to keep the money because he doesn;t have it. By the way, the house is in foreclosure. Should I go after the rest of the money he owes me or just leave it go? Also, if I cash this check do I give up my rights to the rest?

Public Comments

  1. You are obligated to compensate the owner for damages incurred; the deposit is just that, payment towards any "wrongs" suffered. And, as far as the check goes, it would depend on whether there were a restrictive clause on the document; e.g., "payment in full" or "final reimbursement" or something to that extent. You should ask for a detailed documentation of the costs and make sure that includes any receipts and all verification that the work was in fact performed. But, if the house is in foreclosure, there might be limited resources available and you could be out a couple of thousand for screwing around with legal costs.
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