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  1. #1
    Join Date
    Sep 2011
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    1

    Default Liability for Damages Without a Move Out or Move in Inspection

    My question involves landlord-tenant law in the State of: Florida

    At my previous rental I subleased under my now former roommate. Before I moved out, the new tenant moved into her room while she was on summer vacation . I also left early, as verbally stipulated two weeks before my lease ended. The new tenant moved into my room while she was still out of town. My former roommate is now claiming damages to the place that I did not produce 30 days after I formally moved out . I know she cannot hold it against my security deposit , but she can still pursue damages in small claims court at this point .

    My question is how strong is her claim of holding me for damages when she was not there for a move out inspection or a move in inspection?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Liability for Damages Without a Move Out or Move in Inspection

    You either caused the damage or you didn't. If you caused the damage, your former roommate has a reasonable case that you should pay for the damage you caused. We have no information about the damages, the cost of repair, who caused them, or what evidence exists in relation to any of the above. I didn't see anything in Florida's security deposit statute that would cause a landlord's right to damages to be waived if they return your deposit before making the claim (or if there is no deposit). Read it yourself, Fl. Statutes Sec. 83.49.

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