The landlord or tenant can be responsible for repairs when accidental damage occurs on a rental property in Florida. The circumstances of the damage and the details of the rental agreement may affect who is responsible for damage.
A Florida property damage lawyer can assist you whether you are a landlord facing tenant-inflicted property damage or a tenant facing unfounded accusations of property damage (or other legal circumstances). You may stand to gain or lose substantial compensation, and it may be in your interests to work with an experienced
Tenants Can Be Responsible for Negligence-Related Property Damage
Florida Statutes § 83.63 cites the “wrongful or negligent acts of the tenant” as considerations of who is at fault for property damage. Examples of tenant action (and inaction) that may qualify as negligence include:
- Failing to report property hazards, such as a leak, to the landlord promptly
- Allowing untrustworthy individuals on the property
- Engaging in activities (like roughhousing) that pose a risk of causing property damage
- Smoking or using other substances in a manner that causes property damage
- Engaging in acts (like showering without a functional curtain or allowing a sink to overflow) that cause water damage
- Intentionally destroying property
- Failing to clean up messes that occur in the course of living
- Leaving out food or engaging in other activities likely to attract pests
- Painting, creating graffiti, and engaging in other types of “artistic” property damage
There are countless ways for tenants to cause damage and diminish the value of the landlord’s property—just ask property owners, who have no shortage of horror stories to share. When tenants engage in unreasonable or intentional behavior resulting in property damage, the tenant (or the landlord’s insurer) must be financially responsible for that damage.
Tenants Also Have Rights as It Relates to Accidental Property Damage
While Florida does not have the type of renter protections you’ll find in states like California or New York, renters do have rights.
A tenant may need to take legal action if:
- They are falsely accused of causing property damage, accidental or otherwise
- A landlord withholds some or all of their security deposit without justification
- They face a lawsuit filed by a landlord accusing them of causing property damage
- They face any other problem revolving around alleged property damage on a Florida rental property
An attorney from our team may be able to help you. Whether you are a landlord facing the financial burden of property damage or a tenant facing a rental-related issue, hiring a lawyer may be your next step.
Landlords Often Face the Fallout from Accident Property Damage
While renter-landlord issues are often complex, the truth is that landlords typically face the fallout when accidental damage occurs on a rental property. A landlord is generally responsible for:
- Cleaning up debris and other waste on a damaged property
- Repair costs for property damage
- Bearing the financial cost of waste removal, repairs, and other obligations related to rental property damage
- Spending the time, effort, and energy necessary to return a rental property to livable condition
While tenants sometimes have legitimate grievances, there is never an excuse for causing intentional damage to property. A rental property damage lawyer from our firm can help you (as a landlord) pursue fair compensation to repair your property.
Landlord Insurance May Cover Damage to Your Florida Rental Property
Landlords face unique challenges that homeowners who do not rent their properties do not generally face. For one, a landlord can only know so much about the person they are renting to. Therefore, landlord insurance policies typically cover the potential that the tenant will cause considerable property damage, intentionally or accidentally.
Suing the Tenant May Also Be an Option
The Florida Department of Agriculture and Consumer Services explains that tenants have a responsibility to:
- Keep the property clean and sanitary
- Maintain plumbing fixtures
- Take several other steps to avoid property damage and other hazards
When tenants violate their duty to keep a property in good condition, they can be financially liable for the landlord’s resulting damages. If insurance does not adequately cover your property damage or you have other reasons for filing a lawsuit, an attorney can lead the legal process for you.
An Attorney Can Help Both Landlords and Renters with Rental Property Damage Issues
Landlords (and, in many cases, tenants) often have more responsibility than they can handle. The prospect of dealing with a property damage-related dispute or insurance claim may be overwhelming and, frankly, not feasible.
Consider hiring a Florida rental property damage lawyer to:
- Document the property damage: Your attorney will detail the damage, which is a key step in seeking fair compensation.
- Establish fault for the property damage: One of the most critical steps in a rental property damage case is determining the cause of the damage and who is responsible for that cause. Whether the damage occurred accidentally or intentionally, your lawyer will detail the “why” behind the damage.
- Calculate the cost of damage-related services: Your attorney will work with you, property remediation professionals, and any other parties with insight into the cost of the damage. This figure will cover everything from removing debris to implementing the final touches to return the property to its pre-damage state.
- Deal with insurance companies: Your lawyer will deal with the provider of your landlord insurance (or any other insurance that applies to rental property damage).
- Oversee the legal process: If you need to take legal action against at-fault parties, your lawyer will lead your lawsuit and any necessary trial.
Let a lawyer seek justice for property damage while you focus on your many other obligations.
Call Ged Lawyers Today for Your Free Consultation
Ged Lawyers has handled property claims and disputes in Florida for many years. We have a reputation for effectiveness and will fight relentlessly for the outcome you seek.
Contact us today for your free consultation about hiring a Florida rental property damage lawyer.
