What Can I Do if a Tenant Damages a Unit After the Lease Is Over in Florida?
After a tenant moves out, repairing the damage he caused to your rental property can cost you. Even minor repairs get costly. Thankfully, the Florida Landlord and Tenant law protects you from having to absorb the cost of repairs yourself, but you must take several steps before you can recoup the damages, and you have a limited time to do so.
Assessing Damages
The first thing you should do after a tenant moves out is to asses any damages the tenant may have caused. You will need to act quickly, as the law gives you only a short window to charge the tenant for the cost of repairs. Go through each room of the unit and look for any damages. Write down the cost of repairing any issues. For larger damages, have a licensed contractor provide you with an estimate.
Security Deposits
If the tenant paid a security deposit before moving into the unit, you can use the money from the security deposit to repair any damages. The Florida Senate reports that you have 30 days from the time the tenant moves out to send him a written notice indicating that you plan to take a claim against his security deposit. You must provide the tenant with an itemized list of deductions you took and return any remaining money from the security deposit after you make the repairs.
Civil Actions
If the damages exceed the amount of the security deposit, you can sue the tenant in a civil court to recoup the cost of making the repairs. You must file a claim with a local court, and you must prove your case with a judge. Take "before and after" photos of any damages caused by the tenant. Bring any documentation you have, such as an itemized list of repairs or an estimate from a licensed contractor, with you to your court date. Having physical proof will help prove your case against the tenant.
Warnings
You must charge the tenant a reasonable amount for repairing any damages she caused. You cannot charge the tenant to repair any damages that existed when she moved into the property. If you charge an unreasonable amount or charge for pre-existing damage, the tenant can sue you in civil court and you may have to return any excess fees.
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