Legal Question in Landlord & Tenant Law in Florida

Landlord/ Tenant Advice

We had a lease with our previous tenant that stated no pets without a written OK with the landlord. She had a cat living there as witnessed by the rental agent. She did not tell us about this cat and would not agree to have the apartment shown to other prospective tenants before she moved out. This was also part of the lease agreement. The agent stated she had to leave the empty apartment as she couldn't breathe because of the cat hair! Our rugs are frayed because of a cat scratching them. What is our recourse? Can we hold her deposit because of the need to clean the apartment and fix the rugs because of this cat?


Asked on 3/07/09, 6:57 pm

2 Answers from Attorneys
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Re: Landlord/ Tenant Advice

Yes. You can keep her deposit to make the repairs caused by the cat that was not supposed to be there. You will need to provide her appropriate and timely notice that you are doing so. Don't delay.

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Answered on 3/08/09, 5:37 pm
David Slater David P. Slater, Esq.

Re: Landlord/ Tenant Advice

Yes. You must follow the requirements as specificed in FS 83 as to a claim on the security.

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Answered on 3/07/09, 7:22 pm


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