Can my former landlord deny me being present during a final walk-through when checking out of an apartment?

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Can my former landlord deny me being present during a final walk-through when checking out of an apartment?

I have recently checked out of an apartment and before leaving a requested a final walk-through with the landlord. She denied me the opportunity and now a week later she is imposing a $71 claim against my security deposit without stating specifically what the claim is regarding.

Asked on May 6, 2012 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The landlord is not obligated to allow you to be present during his/her final walk-through, unless the lease or other agreement specifically provided you that right. Of course, nothing stopped you from creating you own documentation of the state of the apartment (e.g. videos or photographs before you left for the last time).

The landlord does need to provide documentation of any charges he/she intends to deduct from your security deposit. Failure to do so could provide grounds for you to dispute the charge and sue for its recovery. However, for $71, it is unclear that it would be worthwhile suing--remember, even if you represent yourself in small claims court, you'll have a filing fee (typically $25 - $50) and also have to take time out of work for a court date.


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