Tenant vacating, says LL broke lease

Florida Lease, Lease Term 8/07-7/08. Tenant notified LL on 12/18 that a rodent was in the house. LL instructed tenant to call Terminix (annual contract in place). Tenant requested, and LL authorized, contact with repair person to fix any damage. Tenant also called another extermination company, who came to the property the same day (12/18/07). Both Terminix and the other extermination company have answered numerous calls from tenant and come to the property over the "rodent infestation". After approximately 3 weeks, both professional companies indicated that their work was completed and that there had been no evidence of any infestation since the first week of treatment. The exterminator that tenant aquired indicated in writing that tenant stated to him that she was moving anyway and he felt she was looking for a way out of the lease. LL has paid for all repairs and services related to this incident.

Tenant sent a letter on 1/18/08, stating that LL was in default of lease and giving LL 7 days to correct the infestation problem or she was moving by the end of the month. (tenancy is the 3rd to the 3rd, so her move out date would be 2/3/08). LL responded on 1/24/08, stating that we are relying on the experts' assessment that all issues have been resolved. (we have the bills and call tag notes as backup) and that we will not release her from her obligations under the lease. These communications have been by certified mail. On 2/1/08 Tenant notified LL by email that there are still rats on the property and that LL was in default, she is moving on 2/3/08.

We have not released her from her lease. She has demanded that we replace most of her kitchen items, including pots and pans, silverware and dishes, as they were touched by the rat. Lease states she is responsible for her own personal property. We denied this request. We did however offer to split the cost of food items lost as a good faith jesture, she refused and demanded reimbursement for rent during the time she did not feel safe staying in the house. At no time did any professional treating the house indicate any unlivable condition.

This is not the first time we have had challenges with this tenant. We would like to know if we can hold her to the lease and if we can apply the security deposit toward unpaid rent and the cost of obtaining a new tenant. Do we have any obligation to return the security deposit to her if we inform her of our intention to keep it within the time allowed by law. (15 days ?) How can we enforce the amount still owing under the lease and how can we let other potential LLs know about this default. (report her to the credit bureaus?)

A job change took us out of the area, forcing us to rent this property, which was our home. We are not seasoned LL's and are trying to do the right thing.

Please Help!

[OHlandlord]

You did exactly what you should have done. The tenant is to notify you of problems with the unit (rodents, in this case). You then react and send the appropriate person to repair or treat, which you did promptly. Since you sent the exterminator who came to treat the unit several times, and the tenant also had another company do the same, the problem had been adressed. You are only liable for a constructive eviction if you neglect to act on the problem and the unit is uninhabitable. Since two different exterminators wrote that the problem was addressed at the time, you are not liable.

If the tenant them saw another rodent the next month, you re-start the process, again sending out the exterminator. If there is no indication of rodents, there is nothing to treat. The tenant did not call the health department or building/code inspector to document that there was a rodent problem or to state that the unit was uninhabitable. (You would have been notified if she had.) You have statements from exterminators that say there wasn't a pest problem any longer. The tenant will be unable to prove in court that you failed to act on the issue. The tenant had no right to terminate.

If tenant has vacated and returned the keys, you do an inspection of the unit, repair damages, advertise the unit, and make a deposit disposition statement. Take dated digital photos of the unit, especially of any damage you intend to charge for. Deduct for all damages to the unit beyond wear & tear, the advertising, the rent for lack of proper notice to vacate, etc. This will take all of the deposit. Make this an itemized statement listing each item and the charges for each. Note the balance due and state that further bills will be forthcoming as she is liable until the unit is re-rented or her lease ends. Send this statement to her within the state time limit. Then track all expenses with this unit. Keep copies of all receipts and the exterminator statements.

You are not liable for dishes, pots & pans, or silverware. These things can all be washed. Offering to pay half of the food items was a nice gesture, but you are not liable for this either. Rodents are wildlife, you cannot control when they enter. You can only take prompt measures after they are present.

Once the unit is re-rented (or her lease ends), send her another bill for the total amount due for rent until re-rented, the advertising costs, agent fees if you use one to find another tenant, etc. Give her 30 days to pay this bill. If she fails to pay, file in small claims court for monetary damages due to her breaking the lease. Once you get a monetary judgement, have it recorded by the county recorder or court official. This will be public information, will show up on her credit reports, and can be seen by any future LL. Good luck and be glad she is gone!

Thank you so much for your prompt response. I will be dealing with this starting today. I feel much more confident now that I have better direction.

Wish us luck and a better tenant or miraculous sale (or a transfer that would take us back to the area so we could live in our home)

Again, thank you for peace of mind. I have the Statute to review to make sure nothing else is required, but we will get there.