B. INTERRUPTION OF ACCESS: by changing
locks or jamming them.
C. CONSTRUCTIVE EVICTION:
Removal of doors, locks, roof, walls, windows, personal property
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
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
NORMAL WEAR AND TEAR: Landlord may not deduct
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).
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).
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