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

[FLLL]

Jurisdiction

Florida

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]

Same answer here as in your other thread on a different site. The tenant has already moved out so your recourse is to apply the security deposit towards damages. If the damages are less than the deposit, then you have to return the remaining deposit.

Make sure you follow your state's notice laws.

 

[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.

 

[adjusterjack]

Same answer I gave you on the other site.

Study the Florida security deposit statute.

Statutes & Constitution :View Statutes : Online Sunshine

 

[welkin]

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.

I'm not commenting on what has already been posted about your ability to keep deposit money to repair damage you say was caused by your tenant's cat. That is a given. However, using the fact that your tenant had a cat to get a windfall in damages is something that could be dishonest. And here is why.

Cats are very fastidious animals. They don't just urinate or defecate anywhere unless they are sick animals. Any cat owner is going to take notice of repeated accidents and get their cat to the vet. But let's say that there is damage from cat urine. There are plenty of enzyme products that will completely eliminate the smell of cat urine just by spraying the area with the product. For about $25 you would have enough to do an entire house (or apartment) worth of carpet, baseboard, or wood flooring. You want new carpet or a new paint job, blame it on the cat.

I'll mention one more thing about cats. Cats mark their routes through a house or apartment. They rub their bodies against corners and door frames and the oil from their fur (over time) turns black. That washes of with any detergent.

So, before you try to claim hundreds or maybe thousands of dollars for damage caused by the cat, mitigate the damage and be honest.