When you pay a security deposit as a renter, what is the landlord allowed to keep from it and for what?

I recently moved out of a house I lived in for 3 years. I paid my rent on time every month and left the place clean when I moved out. The bedroom walls needed some touch up paint in a few areas but other then that it was spotless. My landlord lived in CA while I lived in FL renting from her but her elderly parents came over to inspect it upon me leaving. They made a fuss over little things and now its causing problems. I also sent last months rent in the mail just before giving notice of leaving and it got cashed so I should get it back also. The lease expired after the first year

Asked on July 15, 2010 under Real Estate Law, Florida


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok, so you were technically a month to month tenant as you had no written lease after the first year, correct? If you gave 30 days notice you still have to pay the last month so I don't really understand the second to last line in your question.

Generally, a tenant is to leave the apartment "broom clean" and the same as it was when they rented it, absent "normal wear and tear."  In other words, you do not have to paint it or fix normal little dings but major issues.  Although it was good to have someone do a walk through with you it sounds as if it has caused you great angst.  So sorry for that.  Do you have a list of what it is they are complaining about?  Then you need to look up your old lease and see what it says as to normal wear and tear and leaving the apartment because those terms will still govern.  Then write to your landlord and indicate that the apartment was left broom clean and in good condition absent normal wear and tear and demand your deposit back.

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