QUESTION

Rental Home Security Deposit Dispute

Asked on Nov 06th, 2014 on Real Estate - Florida
More details to this question:
Hello. I am the owner of a rental home in the Tampa area. I live out of state. My tenants vacated the home in August. Last year they removed a large oak tree from the front yard without permission and the damages far exceed the amount of deposit ($850). The incident is on record with the county. I put a claim on the deposit within the required time frame and the deposit remains in escrow via our property management company (we have since changed our prop mgt comp). The former tenants are disputing the claim and say they're committed to taking the case to small claims court. We are prepared to countersue for the deposit plus appropriate travel and lost work costs but would rather, of course, avoid court altogether. Can you say how the court case might turn out, or whether we need to retain legal counsel? Thanks much.
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1 ANSWER

It is very difficult to say how the case would ultimately turn out, but I can give you an idea of generally how the small claims court works here in Hillsborough County.  If you don't agree on the deposit beforehand, you'll be sent to mediation.  If the case doesn't settle, you'll go to trial.  Now, as you've said, you provided notice during the proper timeframe, and, presumably, they disputed in the proper timeframe.  So, the issue comes down to (1) whether they caused the damage and (2) whether the amount you are withholding is the actual damage.  Sounds like you have strong evidence they did it so do you have evidence (i.e. invoices paid, etc.) of the repair amounts paid?  That is the issue (at least in my experience) where landlords get into trouble in small claims court.  If you have an invoice, it will need to be verified to get into evidence (assuming they move to exclude it, etc..  Long short, sounds like you have a potentially strong case, BUT, as you've mentioned there are numerous outside costs that may give incentive to settle prior to suit.  Now, since you're out of town, you may find your resources are well put into hiring an attorney to send correspondence and, perhaps, file the lawsuit first, attend mediation on your behalf, and, ultimately try the case.  Many attorneys will at least offer a free consultation that may give you a much better idea of your position once all of the details are on the table.
Answered on Nov 07th, 2014 at 9:39 AM

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