QUESTION

I don't see an answer to what happens if the tenant vacates the property unexpectedly and causes thousands of dollars damage/lost rent to landlord?

Asked on May 11th, 2014 on Breach of Contract - Florida
More details to this question:
Our tenant-signed a lease agreement by a company called Zest Realty (Susan Cioffi) on our behalf 2 years ago. The property manager Mrs.Cioffi did not fulfill her end of the contract and allowed the tenants to destroy our home. Now we have thousands of dollars worth of damage and cleanup including black paint stain on solid wood (2 year old) floors, ruined carpets, travertine tile that will have to be professionally cleaned, holes in walls, paint all over garage floor & driveway, water damage, and a pile of 200 lbs of household waste in the backyard (couches, clothing, broken chairs, household debris) ruined landscaping and loss of lawn due to parking vehicles on it.
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1 ANSWER

The answer depends on a few factors, the most important of which comes down to the lease, the management contract with the property management company, and the date the tenants moved out.  With regard to the tenant, the Florida statutes dictate what to do and how to do it and it depends on how they moved out and when they moved out.  That part has to do with applying the security deposit to the damages.  From there, you would look to sue for the remaining.  The dollar amount dictates which court you would be in – under 5k, small claims; 5k – 15k, County Court; and over 15k, Circuit Court.  Depending on what the management contract (and perhaps the lease itself) says, you may be able to hold the management company liable.  I’d make an appointment with a litigation attorney sooner rather than later.  This forum is a little complicated to discuss all of the ins and outs of a possible suit, but, on these facts, looks like your answer is going to be in the courts.
Answered on May 12th, 2014 at 11:47 AM

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