When you hand over your security deposit to your landlord, you hold on to the hope that you’ll get that money back, especially if you know you’re a good tenant. But it’s not guaranteed, at least not without a fight.
As many people have come to find out, some landlords will nitpick or outright lie to try and keep your deposit.
This long-term renter in Florida is sick of it and is calling for a class-action lawsuit after her rental company tried to impose charges despite the apartment allegedly being in better condition than when Lex Fitzgerald (@bestiestrystuff) first rented it.
A security deposit debacle
In a series of eight videos, Lex explains that she and her husband had been renters for the last 13 years and always had great relationships with their landlords.
Even though they’d never rented from a rental company before, they felt confident going into their most recent home, owned by Progress Residential, because they knew how to be star tenants and fully expected to get their security deposit back at the end of their lease.
“We always leave the home in better condition than when we find it. That’s our goal. We want to bring positivity to the community. We wanna have good relationships with the neighbors,” Lex says. “We just find honor and value in maintaining our home whether we own it or not.”
Prior to move-out, Lex was given a checklist of things to do to “maximize” the amount of the security deposit they’d get back. Lex reached out to the company Progress Residential because they included unreasonable requests like asking tenants to power wash the home and sod and mulch the grass.
Lex points out that the home was in a bad state when they moved in (there were bugs, feces, and stray animals), but she didn’t complain because she felt grateful for the reasonable rent cost.
A rental company’s harsh charges
In the document Lex shared, the company wanted to charge $150 for cleaning the home, $276 for a window blind with a broken slot, and $750 to touch up the paint on the walls.
Lex showed the move-out video she took of the property, and it looks clean (even the fridge and oven were cleaned). The walls are hole-free. She stated that she hired professional cleaners and got the walls professionally touched up and color matched.
She also says that instead of doing an in-person final walkthrough, the company had her do a virtual walkthrough through an app.
Lex says she’s willing to take the issue to small claims court if necessary because she believes the charges are completely unfair.
“The amount of people who are probably getting so taken advantage of all day long every day,” Lex says.
She adds that these companies know that many people don’t know how to advocate for themselves in these situations.
“There has to be a class action lawsuit. There has to be new legislation put into place to protect renters, especially with how difficult it is and how hard it is to buy a home nowadays,”
According to Florida State law, landlords must let the tenant know, in writing, within 30 days after move-out if they intend to keep any part of the security deposit. The tenant has 15 days to respond with an objection.
@bestiestrystuff Im done.
♬ original sound – bestiestrystuff
What is “normal wear and tear”?
Landlords cannot charge tenants for “normal wear and tear” on the rental property, the Department of Housing and Urban Development (HUD) states. While what exactly is considered normal wear and tear is subjective, HUD provides some guidelines.
Normal wear and tear can include:
- Fading, peeling, or cracked paint
- Nail holes, pin holes, or cracks in wall
- Cracked window pane from faulty foundation or building settling
- Floors needing coat of varnish
- Carpet faded or worn thin from walking
- Loose grouting and bathroom tiles
- Partially clogged sinks caused by aging pipes
What can landlords charge for?
What a landlord can charge for out of the security deposit are damages beyond normal wear and tear that are more extensive and costly to repair, like:
- Gaping holes in walls or plaster
- Drawings, crayon markings, or wallpaper that owner did not approve
- Chipped or gouged wood floors
- Doors ripped off hinges
- Broken windows
- Missing fixtures
- Holes in ceiling from removed fixtures
- Holes, stains, or burns in carpet
The Daily Dot reached out to Lex and Progress Residential for comment via email.
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