QUESTION
Does a landlord have to prove damages, i.e., photographs, when returning deposit?
Asked on Dec 18th, 2020 on Landlord and Tenant Law - Florida
More details to this question:
My landlord deducted a large part of my deposit and I dispute everything. He claims that there were scrapes in doors, lightbulbs out, yard not maintained. I totally dispute this and feel that he is making this stuff up in order to keep my deposit. If I sue him in small claims, does he have the burden to show physical proof of this? I just don't know what to do. I'm in Florida.
1 ANSWER
Consumer Debt Collector Harassment & Abuse Attorney serving Tampa, FL
Partner at
Tischhauser Law Group
2 Awards
Suing a landlord for return of a deposit without a lawyer is a fools game in Florida. Why? Because the ONLY thing you will get back is your own money and at best court costs. The landlord loses nothing in forcing you to go to trial over the issue. That stated while hiring a lawyer is expensive, it also forces the LL to risk having to pay for your legal fees if they lose, which can change the playing field dramatically.
Answered on Dec 18th, 2020 at 10:32 AM
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