What to Do If a Tenant Damages Your Property in Kissimmee

If a tenant damages your rental, first document everything by taking photos and videos, and review the lease agreement. Then, notify the tenant of the damage and assess the repair costs.

Use the security deposit to cover the costs, but follow all local laws regarding deductions. If repair costs exceed the deposit, bill the tenant for the excess amount. For intentional or malicious acts, contact the police and take legal action by filing in small claims court. Finally, contact your insurer if the damage is covered by your policy.

What Is Considered Property Damage?

The key distinction is that property damage results from negligence, carelessness, accidents, or abuse, while normal wear and tear is the expected deterioration from ordinary use over time.

Examples of Normal Wear and Tear (NOT chargeable)

• Faded paint or wallpaper from sunlight exposure
• Minor scuffs on walls or baseboards
• Small nail holes from hanging pictures
• Carpet wear in high-traffic areas
• Worn enamel in bathtubs or sinks
• Loose door handles or cabinet hinges from regular use
• Minor scratches on hardwood floors
• Faded window treatments
• Dirty grout or caulking that can be cleaned

Examples of Tenant Damage (chargeable to security deposit)

• Large holes in walls or doors
• Broken windows or mirrors
• Pet stains or odors in carpets
• Burns or large stains on flooring
• Broken appliances due to misuse
• Missing fixtures or hardware
• Unauthorized modifications (painted walls without permission, removed fixtures)
• Broken tiles or countertops
• Damaged landscaping or yard neglect
• Clogged drains from negligence
• Missing or broken smoke detectors
• Deep scratches or gouges in floors
• Graffiti or wall art

Gray Areas That Depend on Circumstances

Some damage falls into a gray area depending on the age of the item, length of tenancy, and severity:

• Carpet damage: If carpets are 5-7 years old and simply worn, that’s normal. If they’re new and stained with wine or pet urine, that’s damage.
• Paint: Walls typically need repainting every 3-5 years naturally. Excessive dirt, crayon marks, or holes requiring patching is damage.
• Appliance issues: A refrigerator that stops working after 10 years is wear and tear. One that breaks after 2 years due to misuse is damage.

Factors Courts Consider

If a dispute goes to court, judges typically evaluate:

• The age and condition of the item when the tenant moved in
• The length of the tenancy
• Whether the damage was preventable with reasonable care
• Industry standards for expected lifespan of materials
• Your documentation from move-in inspections

How to Assess Damage Properly

When a tenant moves out, compare the property’s condition to your detailed move-in inspection report. Take photos of everything and get repair estimates. Be reasonable in your assessment—a tenant who lived there for three years shouldn’t be charged for carpet that was already five years old when they moved in.

What To Do When A Tenant Damages Rental Property: Step By Step

I’ll help you understand how to handle tenant property damage in Kissimmee, Florida.

Immediate Steps After Discovering Damage

First, document everything thoroughly with photos and videos showing the extent of the damage. This documentation will be crucial for any insurance claims or legal proceedings. You’ll want to compare the current condition against your move-in inspection report and photos.

Next, notify the tenant in writing about the damage you’ve discovered. Even if they’ve already moved out, send a formal letter describing the issues. This creates a paper trail and gives them an opportunity to respond.

Security Deposit Handling

Florida law requires landlords to notify tenants within 30 days if you intend to make a claim against their security deposit, or within 15 days if you’re not making a claim. Your notice must state your intention to impose a claim and the reason for it. Send this via certified mail to the tenant’s last known address.

You can deduct from the security deposit for damages beyond normal wear and tear. Normal wear and tear includes minor scuffs, small nail holes, or carpet wear from regular use. Damages you can deduct for include broken windows, holes in walls, damaged appliances, or stained carpets.

Read more: What Is a Security Deposit for a Rental Home in Kissimmee

If Damage Exceeds the Security Deposit

When repairs cost more than the deposit amount, you have several options. You can send the tenant an itemized bill for the remaining balance. If they don’t pay, you may need to pursue them in small claims court (for amounts under $8,000) or county court for larger amounts.

Make sure it’s real damage, not normal wear and tear. Here is an extensive guide: A Landlords Guide to Normal Wear and Tear vs Property Damage.

Insurance Considerations

Contact your landlord insurance policy provider to see if the damage is covered. Some policies include coverage for tenant-caused damage, though you’ll need to weigh the cost of your deductible against filing a claim.

Legal Action

If necessary, you can file a lawsuit against the tenant for damages. Keep all receipts, repair estimates, and communication records. Florida courts will want to see evidence that damages were beyond normal wear and tear and that you made reasonable efforts to mitigate costs.

Prevention for the Future

Consider requiring renters insurance as a lease condition, conducting regular property inspections (with proper notice), and maintaining detailed move-in/move-out inspection reports with photographic evidence.

How to Avoid Bad Tenants in the First Place

• Screen thoroughly before signing a lease. Run comprehensive background and credit checks, verify employment and income (typically 3x rent), contact previous landlords for references, and check eviction records. Require a complete rental application with no gaps in rental history.
• Set clear standards upfront. Establish minimum credit scores, income requirements, and rental history expectations in your tenant criteria.
• Trust your instincts. If applicants are evasive, provide inconsistent information, or pressure you to skip steps, consider it a red flag.
• Use a detailed lease that clearly outlines expectations, rules, and consequences for violations.

Make sure you screen new tenants carefully, to avoid future issues. Our property management team has extensive expertise in finding the RIGHT tenants who’ll respect your property and take care of it.

Read more: How to Attract High-Quality Tenants in Kissimmee

FAQ

Can a landlord evict a tenant for damaging property?

Yes, landlords in Florida can evict tenants for property damage. If damage violates lease terms or constitutes “waste” (intentional or negligent destruction), you can file for eviction. Document all damage thoroughly, provide proper notice as required by your lease and Florida law, then proceed with formal eviction if necessary.

Can you sue a tenant for damages?

Yes, you can sue a tenant for property damages in Florida. If damages exceed the security deposit, file in small claims court (under $8,000) or county court (larger amounts). Keep detailed documentation including photos, repair receipts, and estimates. You must prove damages exceeded normal wear and tear.