How To Handle Property Damage To A Rental
When a tenant signs a lease and agrees to rent a property, they will usually be required to provide a security deposit, though the amount can differ. When the tenant moves out, the amount of the security deposit is used to offset any damage that may have occurred to the rental while the tenant lived there. However, the definition of ‘damage,’ and the issue of who caused it, can make this type of account-settling much more complex. The right attorney can help.
Actual Damage vs ‘Ordinary Wear & Tear’
One thing that is important to keep in mind for a landlord assessing an apartment after a tenant moves out is that while a landlord may deduct the amount of actual damages from the tenant’s security deposit, they cannot do so for ordinary wear and tear. ‘Ordinary wear and tear’ is the type of minor damage that might occur even with the most responsible and vigilant tenant, such as a curtain or carpet discoloring in the sun, or hairline cracks in the ceiling or walls due to the house settling.
If there has been actual property damage to the residence, such as broken appliances or light fixtures, pet damage like chew marks on doors and floors, and holes in the wall, the landlord can use the amount of the security deposit to offset repairs to these fixtures. If the cost of repairs outstrips the amount of the security deposit, or there is evidence that any of the damage was caused deliberately, a landlord may be able to take further action in some cases.
May Be Grounds For Eviction
Once a landlord has evaluated the rental property, they must send a notice to the now-former tenant advising them of any intent to withhold part of the security deposit, which also grants the tenant the chance to object. If no objection comes, the landlord can go ahead and withdraw the funds. They may also consider eviction proceedings if the damage is particularly egregious, or the tenant’s behavior is unacceptable (or both).
Landlords do have the right in Florida to initiate eviction proceedings without giving the tenant any chance to cure the alleged violation if they can prove that the tenant willfully destroyed the rental property, which means that sometimes the process will be faster in this type of situation. However, it is still imperative to consult a knowledgeable attorney, to ensure that no little detail is overlooked. Being a landlord means following the required procedures, and the right attorney can help you do just that.
Contact A Tampa Landlord-Tenant Attorney
Landlords do their best to choose the right tenants, and most of the time, a tenancy goes by with few issues. However, people are unpredictable; if you have had a tenant who caused serious damage to your property, contacting a Tampa landlord-tenant attorney from the Seward Law Office can be the first step toward getting restitution. Call our office today to schedule a consultation.
Source:
flsenate.gov/Laws/Statutes/2023/0083.491
