Legal Question in Landlord & Tenant Law in Florida

Here is the situation: 5 adults and 2 children rented a house. On the lease only 1 adult's name and signature is on there along with the landlord.

It was a monthly lease paid on time and current after 1 year. No security deposit was requested, lease says 0 for security deposit. No smoking term on lease, with verbal agreement to allow smoking in Florida Room and Garage. Both rooms have AC ducts and were smoked in by owner and guests when owner lived there. We were given permission to paint 3 bedrooms and garage, which was converted to a bedroom.

Owner is now claiming smoking damage to walls, ceilings and ac unit, expecting us to pay. Owner wants whole house cleaned and painted claiming everything reeks of smoke. Owner visited house on numerous occasions and never complained until after we moved out. He even complimented paint jobs. We did not do a walk through before moving in or after moving out. Owner notified us 3 days later of supposed damage.

In the situation described above who is responsible for what? Owner knew all 5 adults were smokers.

Thanks for your time


Asked on 9/07/09, 4:10 pm

2 Answers from Attorneys
Brent Rose The Orsini & Rose Law Firm

"Verbal clauses" on leases are irrelevant. You had five smokers living in a house in which you admittedly smoked in two rooms with a nonsmoking lease. The quick answer is that you lose. Even if the landlord admits he gave you permission to smoke in the two rooms, its doubtful a judge will believe the other rooms and AC unit weren't damaged by you.

The upside is that you had no security deposit, so is the landlord really going to sue you to get his money? Maybe, but doubtful.

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Answered on 9/07/09, 5:23 pm
Alan Wagner Wagner, McLaughlin & Whittemore P.A.

Verbal agreements have no force when it comes to real property. If the lease says no smoking, then you can't smoke and would be responsible for any smoke related damage (the one on the lease).

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Answered on 9/07/09, 5:42 pm


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