Security deposit and tenant bringing an unauthorized cat to live at the property

[FL_LL_2]

What is the name of your state? Florida

My tenant violated the lease by bringing an unauthorized cat to live at the property, which was explicitly prohibited by the pet addendum, which allowed him to have a specified dog only. Is this enough of a reason to keep the tenant’s entire security deposit? If not, what portion can be kept? Also, the cat caused several damages, some of which are extremely difficult to fix, like urinating in places that caused the urine to seep in the baseboards, under cabinets, etc.., causing bad smell that cannot be removed. Also what evidence do I need to prove the cat's presence in case the tenant objects? I have pictures of the cat litter box left in the closet, cat litter on the floor, rusted door from the urine? Thank you for any feedback.

 

[Zigner]

What is the name of your state? Florida

My tenant violated the lease by bringing an unauthorized cat to live at the property, which was explicitly prohibited by the pet addendum, which allowed him to have a specified dog only. Is this enough of a reason to keep the tenant’s entire security deposit? If not, what portion can be kept? Also, the cat caused several damages, some of which are extremely difficult to fix, like urinating in places that caused the urine to seep in the baseboards, under cabinets, etc.., causing bad smell that cannot be removed. Also what evidence do I need to prove the cat's presence in case the tenant objects? I have pictures of the cat litter box left in the closet, cat litter on the floor, rusted door from the urine? Thank you for any feedback.

Why haven't you taken action to enforce the lease?
The cat's presence alone is not enough of a reason to withhold the security deposit. Damages caused by the cat may be.

 

[FL_LL_2]

I did not know that there was a cat living at the property until the tenant left and I saw the damages. Also, if the cat presence breaks the terms of the lease, shouldn't there be a penalty for that?

 

[quincy]

I did not know that there was a cat living at the property until the tenant left and I saw the damages. Also, if the cat presence breaks the terms of the lease, shouldn't there be a penalty for that?

Penalties should be spelled out in the lease, with violations of a lease generally noted as being subject to termination of the lease.

Assess your damages to the property and deduct costs from the security deposit as documented. If damages exceed the security deposit, you might have to sue for the rest.

 

[STEPHAN]

Use UV light. Document the damages. Deduct the cost to repair the damages. Keep depreciation in mind. (You can not have the tenant pay for a new carpet if the carpet is old.)

You can not deduct anything else.

FL law requires a demand letter within 30 days!

 

[Zigner]

I did not know that there was a cat living at the property until the tenant left and I saw the damages. Also, if the cat presence breaks the terms of the lease, shouldn't there be a penalty for that?

The penalty is that you issue a notice to cure. Because they moved out already, it's moot. Now, you deal with damages.

 

[zddoodah]

Is this a tenant whose tenancy has been terminated?

If so, any competent landlord should know that the security deposit may be applied to repair damages in excess of normal wear and tear and unpaid rent.

Since you didn't tell us how much it cost to repair the damage and how much of a deposit you have, we can't possibly compare those numbers.

As far as evidence, your testimony and that of the persons who perform the repairs, along with photographic and video evidence, should be sufficient.

if the cat presence breaks the terms of the lease, shouldn't there be a penalty for that?

No.

 

[adjusterjack]

Thank you for any feedback.

You apparently have no clue as to your obligations under the Florida security deposit statute.

I suggest you study it carefully and thoroughly.

Statutes & Constitution :View Statutes : Online Sunshine (state.fl.us)

 

[eerelations]

You say that the tenant was allowed to have a dog. So when you're calculating the amount of the returned security deposit, you need to:

1. Determine the amount of the cat's damages;
2. Deduct the potential amount of a dog's damages.

I would be very surprised if the cat's damages exceeded the amount of damages a dog might do.

Just sayin'

 

[LdiJ]

You say that the tenant was allowed to have a dog. So when you're calculating the amount of the returned security deposit, you need to:

1. Determine the amount of the cat's damages;
2. Deduct the potential amount of a dog's damages.

I would be very surprised if the cat's damages exceeded the amount of damages a dog might do.

Just sayin'

I was thinking the same thing. I have owned both, many times and dogs are 10 times more destructive than cats.

 

[Zigner]

You say that the tenant was allowed to have a dog. So when you're calculating the amount of the returned security deposit, you need to:

1. Determine the amount of the cat's damages;
2. Deduct the potential amount of a dog's damages.

I would be very surprised if the cat's damages exceeded the amount of damages a dog might do.

Just sayin'

Damage is damage, whether caused by a dog or a cat. There's no need to go through these calculations.