Legal Question in Landlord & Tenant Law in Florida

Hi i own property in north fort myers florida and i have tenants that are piling tree debri from there business on the property and are moving the first of the month what can be done about this before they move its about 4ft high and 20wide by 30 long


Asked on 8/21/10, 7:14 pm

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

If you have a lease, there is likely a clause in the lease that prohibits the tenant from causing "waste" of the property. This include dumping debris on the premises. Even if your lease does not specifically discuss "causing waste", this is an implied obligation of the tenant. Notify your tenant, in writing, that their tree debris must be removed from your property. Do not release their damage deposit if they fail to take their tree debris. Send them a notice of damages, and give them a written estimate from the local handyman-hauler to remove their tree debris. Then, file an action in small claims court for the cost of removing the stutt. Send them the "undisputed" amount of their damage deposit. If you don't want to do this yourself, hire a real estate attorney who can handle this problem for you. There are specific laws in Florida that Landlords must follow, and courts are not particularly sympathetic to landlords who violate the law.

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Answered on 8/26/10, 7:40 pm


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