Legal Question in Landlord & Tenant Law in Florida

I rented my house and after the tennant moved out - my carpet was ruined...the estimate received from home depot was $6500. i informed the x-tennant to pay for the damages in one or two ways

(1) pay for the damages or ($2800)

(2) replace the carpet. ($6500)

she then payed a repairman to replace the carpet, i told the repairman i want payment for the damages only - he asked how much will i take for the damages i accepted a certain sum and signed his document that all is well.

i really only want her to pay for the damages - but she is insisting she will only replace the carpet - because she feels if she pays me the money directly i will use same and dont replace the carpet.

therefore the question is "if i accept cash money from the repairman" .......can she then take legal action?


Asked on 9/17/09, 6:10 pm

1 Answer from Attorneys
Sarah Grosse Sarah Grosse, Esquire

I take it that you have already retained her deposit, and the damage/replacement of carpet is additional. The residence is YOURS, and YOU decide whether to replace or repair the carpet. The tenant does not get to make decisions like that. Out of the goodness of her heart, she can pay to replace the carpet, but otherwise NO. You should be dealing directly with the repair people and instructing them what to do. If you live far away from the rental unit, you should have a management agency to handle these issues.

Read more
Answered on 9/17/09, 10:21 pm


Related Questions & Answers

More Landlord & Tenants questions and answers in Florida