LANDLORD TENANT LAW (PAGE 4)

B. INTERRUPTION OF ACCESS: by changing locks or jamming them.

C. CONSTRUCTIVE EVICTION:
Removal of doors, locks, roof, walls, windows, personal property of tenant

4. SECURITY DEPOSITS: Lease expired or, tenant vacating prior to lease expiration or tenant terminating periodic tenancy and tenant giving landlord 7 day notice by certified mail or personal delivery prior to vacating with forwarding address: Landlord must return the deposit in 15 days or send notice of intent to impose a claim. The notice must be sent by certified mail. If tenant fails to provide a required notice landlord is relieved of his obligation to provide notice.
Contents of notice:
Amount of deposit withheld
Reason for withholding
Inform tenant he has 15 days to respond
LL’s return address

Defective notice also waives Landlord’s right to claim.

If landlord fails to provide a required notice of intent to impose claim he looses his right to claim against the security deposit.

Tenant then has 15 days from receipt of landlord’s notice to object to landlord’s claim.
If tenant does not object landlord may deduct and remit balance within 30 days of the date on which the notice of claim was sent.

NORMAL WEAR AND TEAR: Landlord may not deduct for.
Definition: the wear which the property undergoes when the tenant does nothing more than come and go and perform the acts usually incident to an ordinary way of life.” Tirrell v. Osborn 55 A.2d 727 (D.C. App 1947).

Examples:
Stove and refrigerator cleaning - O.K. to deduct. Oak Hill Investment Co v. Jablonski 605 N.E.2d 998 (Ohio App 1992)
Carpet shampoo - held normal wear and tear Love v. Monarch Apartments, 771 P.2d 79 (Kan. 1989).

Amount: evidence that Landlord paid for repairs is evidence that expenses were reasonable. Note Landlord is entitled to do the work himself though and may recover a reasonable cost of repair.

Burden of proof: Landlord must proved Tenant caused damages. Then burden on Tenant to show preexisting. Stegeman v. Burger Chef Systems Inc., 374 So.2d 1130 (Fla 4th DCA 1970).