Security Deposits, Cat Pee, and Loss of Rent?

[Kyle Blickley]

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. 

[Marc Winter]

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