What to do if we recently moved out of a condo and our landlord gave us our security deposit but 2weeks later asked for it back?

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What to do if we recently moved out of a condo and our landlord gave us our security deposit but 2weeks later asked for it back?

We recently moved out of a condo and our landlord gave us our security deposit, and in fact said that the place looked clean. Then 2 weeks later, his wife sent us a letter saying that the place was dirty and that we had left a lot of dust on the walls and grease on the stove, and also that both toilets needed to be replaced. Do they have any recourse on this? Also, the condo’s fixture’s are about 30 years old, and we did not damage anything; the only things that broken were a faucet leak, a bathroom fan stopped working, and 2 lights didn’t work anymore (burnt out bulbs).

Asked on August 23, 2011 Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

If you damaged the premises, the landlord's can seek to get the cost of repair or replacement from you; if they have already returned the security deposit, they would have to sue you (and win) to get compensation.

You are not liable for wear and tear--so, for example, fixtures that need to be replaced solely due to their age--or for routine cleaning (e.g. dusting, the normal grease that accumulates on a stove from use, etc.) You are are potentially liable for anything you, or your guests, pets, or family, broke, as well as for "extraordinary" cleaning caused by your actions (or inactions--e.g. failure to housekeep), such as if you caused an abnormally severe grease build-up or stained a rug or wallpaper in some way that it can't readily be cleaned but must be replaced.


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