The unit is part of a association building. It appears a water pipe broke in the wall and the tenant never corresponded with the landlord until all their personal property was ruined (mold) and the place was inhabitable.
The tenant is in month 2 of a 1 year lease and has moved to a hotel. They refuse to sign a release of the lease (we are willing to get them out) unless we pay them their entire sec. deposit, replace value of personal property and reimburse the hotel stay until they find a new place to live.
What are the rights of the landlord to remedy the unit (removal of mold ) when the tenant has no intention of returning unless we meet their demands? We are requesting they remove their personal property but can we state we will remove it for them at a charge to the tenant?
Sue them. You likely have a couple theories to move on. If they failed to notify LL of burst pipe they may be liable for some or all of the damage, repair, mold mitigation, etc.
See a LL-Tenant attorney immediately and start the process.
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The Disposition of Personal Property Landlord and Tenant Act (the “Disposition Act”) [see § 715.10 et seq., Fla. Stat.] sets out a procedure for disposing of property that a tenant left behind on the property. You can dispose of the tenant's property according to the procedure set out in the Disposition Act. If you are unsure of your rights and responsibilities under the Disposition Act, you should consult an experienced real estate lawyer in your area.
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