Security Deposits, Cat Pee, and Loss of Rent?

Question

Can Florida landlords make a claim on full security deposit because tenant's actions (specifically unauthorized cat and its pee) caused loss of rent and termination of rental agreement with new renters?

BACKGROUND:

We recently had our tenant of 3 years move out with the lease ending on July 31. A new tenant was obtained and planned to move in August 3. We were prepared to do cleaning and a few minor repairs, but when the Property Manager and cleaners got into the house on August 1, it was clear that there were a lot more problems and damages than we expected.

Long story short, the tenants had an unauthorized cat in the garage and there is a horrible cat pee smell. We've done an ozone machine in the garage and main house, as well as bleach water wash of the floors, baking soda on the floors, and spraying cat pee cleaner. It is only finally starting to smell better, but in the process, the new tenants came by the house multiple times and decided they couldn't live in the house due to the smell. We decided to mutually terminate the new lease as of August 5. The smell is well documented by the Property Manager, Cleaning Company, and text messages/conversations with the new tenants.

We are planning to withhold some of the security deposit due to the excessive cleaning fee, replacement of 2 broken blinds, and a few other repairs specific to the tenants actions/negligence.

Is there legal precedence to withhold security deposit because of lost rent as well? Considering that we had a tenant who ultimately backed out due to previous tenant's unauthorized cat and that it has taken 11 days to get the cat pee smell out?

This is in Florida.

Henry T. · Answer

I had one of those. It was a major lesson in unfairness. I kept the full deposit and sent a list of damages to the tenant within the required window, and also took to small claims for extensive damage. I tried to show the judge before/after pics of my oak floors which were now black, and the 3 estimates I obtained for replacement. Judge Kato sat there doing her nails and said I had one minute to present my case. There were other damages as well. She wouldn't look at my pics and ruled to return the damage deposit in full. Unbelievable stench, the house, the tenant, and the judge. Just because I was denied justice I still must encourage you to sue and not let tenants get away with damage. Lost rent because of repairs and unrentable condition is damage. Document and show your time and hours and receipts.

Marc Winter · Answer

Legal precedent, yes, for collecting for the damage the ex-tenant caused with that cute lil (illegal) pussycat with the UTI.

Loss of rent, doubtful. You mutually agreed to terminate the lease. The tenant did not move in. It is a tough case to make in court, especially on a residential unit (commercial leases are quite different in their content and stipulations).

@Wesley W. is correct: with a simple inspection the property manager knew or should have known about the cat BEFORE moveout.

Going forward, inspect at least quarterly, even if it's just an exterior walk of the property. Let your nose be your guide. ;-)

Kyle Blickley · Answer

Thanks all. Appreciate the replies.

We are withholding part of the security deposit to mitigate the damages and pet smell, but you're right, @wesleyw and @Marc Winter, the PM should have noted that smell and the cat during the walk through prior to the tenant moving out. We were only informed about it much later.

Agree that it might be a hard case to make for loss of rent.

Thanks again.

Adam Bartomeo · Answer

Yes, you absolutely can! Cat pee is NOT normal "wear and tear" and therefore you can withhold the funds to make the necessary repairs. We charge for oders and cleaning pretty often.

@Wesley W. It does not make a difference whether there was anything in the lease or if there were inspections done. Cat pee is tenant abuse and the tenant is responsible to pay for the repairs.

Wesley W. · Answer

At the risk of oversimplifying - what does your lease say?

Also, your PM should have been doing regular inspections so this was not a surprise to anyone.

Security Deposits, Cat Pee, and Loss of Rent?

Security Deposits, Cat Pee, and Loss of Rent?

Most Popular Reply

6 Replies