My landlord want to take $419 dollars for a damaged microwave that was damaged before move in?

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My landlord want to take $419 dollars for a damaged microwave that was damaged before move in?

We gave a 30 day notice and pictures at move out; the house is clean. Now landlord is charging for carpet cleaning $150, cabinet cleaning $75, bathroom cleaning $75, window treatments$ 45 and microwave $419. We have pictures showing the house is clean and she did not replace any window treatments or change the microwave that is cracked. We told her rep about the microwave when we moved in and we have 3 witnessness to this.

Asked on April 16, 2012 under Real Estate Law, Florida

Answers:

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

Answered 9 years ago | Contributor

In the future do a walk through with the landlord and have the landlord sign a walk through agreement that states what is "wrong" or not wrong with the apartment.  Now, lrida has very specific rules as to notice to tenant as to the deductions and your right to object (generlly with in 15 days) or the landlord can deduct.  But the landlord candeduct only for anything above "normal wear and tear."  Now, generally "broom clean" is all you need to leave the apartment.  Excessive filth or damage to a carlet could give rise to cleaning deductions so that is in dispute.  The curtains - if affixed to the walls - could be considered fixtures and removing them could have left holes or not be permitted.  The microwave, well, that is up for debate.  You are going to have to sue the landlord but first make sure that all the rules were complied with on notice.  You can search the internet for them.  Good luck.


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