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Is there a statute of limitations for a landlord to sue a tenant for damages to property?

Orlando, FL |

My tenant stopped paying rent four months before the end of the lease. A 3 day pay or vacate notice was given. They vacated the property 60 days prior to the end of the lease. Siginifant damage to the property was done, holes in walls, all carpet in the house had to be completely replaced due to the dog the tenant had. A notice to keep the entire deposit was sent to the tenant along with additional damages. The tenant never responded. Is there a time limit to when I have to begin legal action to recoup the money from the tenant.

Attorney Answers 2


I think every landlord needs to have a copy of Chapter 83 of the Florida Statutes. You can run a google search and read through the statute. Make sure you have a copy of the lease, your 3-day notice, and all communications between you and the tenant. If your previous tenant has not objected to your intent to retain the security deposit then you are entitled to keep it. You can pursue legal action for the remainder of the damages with the court in your jurisdiction. The clerk of court in your county may have some more information on their website.

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The Florida Department of Consumer Affairs has a wonderful brochure with useful information.

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