Landlord Rights in Florida: What to Do When a Tenant Damages Your Property
Being a landlord in Florida can be a rewarding investment—but what happens when a tenant damages your property? Whether it’s intentional damage or neglect, Florida law gives you certain rights as a landlord. This guide from MainStreet Realty will walk you through what to do, how to protect your investment, and how to avoid legal headaches down the line.
Understanding Property Damage vs. Normal Wear and Tear
Not all damage is the same. In Florida, landlords must be able to tell the difference between normal wear and tear and tenant-caused damage.
What Counts as Normal Wear and Tear?
Faded paint
Light carpet wear
Loose doorknobs or hinges
What Is Considered Tenant Damage?
Holes in the wall
Broken windows or doors
Stains or burns on carpets
Water damage due to negligence
Being able to document the difference is crucial when it's time to deduct from the security deposit.
Can Florida Landlords Keep the Security Deposit?
Yes, under Florida law, landlords can keep part or all of a tenant’s security deposit to cover damages—as long as it’s not for normal wear and tear.
Key Rules You Must Follow:
Notify the tenant in writing within 30 days of lease termination.
Provide an itemized list of deductions with repair estimates or receipts.
Return any unused portion of the deposit within 15 days of the claim.
If you fail to notify within the legal timeframe, you may lose the right to claim damages.
What to Do If Damages Exceed the Deposit
Sometimes the damage is more than what the deposit can cover. In this case:
Your Next Steps
Take photos and keep repair invoices as proof.
Send a formal letter requesting payment from the tenant.
If the tenant refuses to pay, file a civil lawsuit in small claims court.
This is where having clear move-in and move-out inspection reports becomes incredibly important.
Best Practices for Florida Landlords
To avoid disputes and protect your property investment, follow these landlord best practices:
Use a Detailed Lease Agreement
Clearly state:
What counts as tenant responsibility
How damage will be assessed
Security deposit terms
Conduct Regular Property Inspections
Do a walk-through every 6 months
Document with photos and notes
Always give proper notice before entry
Require Renter’s Insurance
This gives tenants coverage for accidental damage and relieves you of liability in some cases.
When Damage Happens After a Hurricane or Natural Disaster
Florida landlords must also handle storm-related damage carefully. If the damage is from a hurricane, tenants are usually not responsible unless negligence is proven.
Example: If a tenant leaves a window open during a storm, they may be liable for the resulting damage.
Make sure your lease includes an “Act of God” clause and have insurance policies in place to protect your property.
FAQs About Landlord Rights in Florida
Q: Can a landlord charge for cleaning fees in Florida?
A: Yes, but only if it's beyond normal cleaning—like excessive filth, mold, or pet waste.
Q: What happens if I don't return the security deposit on time?
A: You may forfeit the right to keep any part of the deposit and could face legal penalties.
Q: Can I evict a tenant for damaging the property?
A: Yes. If the damage is severe or intentional, it can be considered a lease violation. You must follow Florida’s legal eviction process.
FAQs About MainStreet Realty
Q: Does MainStreet Realty offer property management in Central Florida?
A: Yes! We manage rental properties in Deltona, DeLand, Lake Nona, Kissimmee, and surrounding areas.
Q: Can MainStreet Realty help handle tenant disputes?
A: Absolutely. Our team can handle move-in inspections, lease enforcement, and legal notices to protect your property and peace of mind.
Q: How do I get started with MainStreet Realty?
A: Contact us for a free property management consultation. We’ll assess your rental, recommend solutions, and take the stress out of being a landlord.
Final Thoughts
Being a landlord in Florida doesn’t have to be stressful. With the right tools, clear lease terms, and expert help, you can protect your rental property from damage and keep your investment secure. If you're looking for expert property management in Deltona, Lake Nona, DeLand, St. Cloud, or Kissimmee, MainStreet Realty is here to help.
Reach out today to learn more about how we protect your investment the smart way.
Email: [email protected]
Address: 2 Volusia Drive Debary, FL, 32713
Phone Number: Orlando: 407-789-0925 | Volusia: 386-259-2426 | Lake:352-729-1425
