What to do if my former landlord is claiming that I owe money for floor damage that was already there when I first moved in?

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What to do if my former landlord is claiming that I owe money for floor damage that was already there when I first moved in?

I have 5 signed affidavits verifying the damage was there when first moved in. We met yesterday for mediation. We offered to pay for damages and court fees but not attorney’s fees (which is the landlord’s husband). They refused. The landlord was not there personally, only her husband. Does it seem that I should have a solid case with the witnesses and should I meet with the landlord individually to try to get he

Asked on January 24, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the former landlord is trying to assess you costs for pre-existing floor damage beofre you took possession of the rental and you have five affidavits by witnesses supporting your position, you seem to be in good shape in the event this matter goes to trial.

From what you have written, it seems that the presumed attorney's fee clause in the lease seems to be dragging this case out where the landlord via her attorney husband seems to want compensation for matters that do not seem warranted if you go to trial.

It seems that you have a good case regarding the issue of pre-existing floor damage when you moved in. I suggest that you have each of the five witnesses personally appear in court in the event of a trial.

It is always best to try and settle a matter in writing before trial based upon my experience.


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