Where tenant took the drapes, did not return the keys, and painted lewd images on the walls, the court found that to be beyond reasonable wear and tear. SMITH v. NIEDERRITER, County Court, 17th Judicial Circuit in and for Broward County. Case No. 11-5202 COCE (53). June 20, 2011. Robert W. Lee, Judge. 18 Fla. L. Weekly Supp. 1051a
Landlord may not collect for carpet cleaning, general cleaning of the house and driveway/patio, or painting, as those expenses are in the nature of ordinary wear and tear which are the responsibility of the landlord. Additionally landlord may not deduct from tenant’s security deposit damage caused by landlord’s failure to repair plumbing leak. BURLEY v. MATEO, Court, 17th Judicial Circuit in and for Broward County. Case No. 10-17638 COWE, Division 81. March 2, 2011. Jane D. Fishman, Judge. 18 Fla. L. Weekly Supp. 624a.
Where commercial lease provided that all improvements by tenant to the leased premises become the property of the landlord, tenant was liable to the landlord for the cost of replacing those improvements removed and discarded by the tenant. Tenant who removed remove the air conditioning system, the light fixtures and switches and the acoustical ceiling tiles held liable for $12,158.23 cost incurred by landlord to replace them. OLDHAM INVESTMENTS, LTD., , vs. LIEBER . County Court, 15th Judicial Circuit in and for Palm Beach County, Civil Division. Case No. 2007CC016419XXXXNB. April 18, 2008. Cory J. Ciklin, Judge. 15 Fla. L. Weekly Supp. 733a
Where lease provided “The cost of repairing or replacing any and all damage to carpet, including, but not limited to stains and spots, shall be deducted from the security deposit, court affirmed award of replacement cost of damaged flooring to landlord rather than amount of diminished value. BERGREN v. WYATT, Circuit Court, 13th Judicial Circuit (Appellate) in and for Hillsborough County. Case No. 03-4824. Division X. L.C. Case No. 01-22781-CC. February 19, 2004. Marva L. Crenshaw, Judge. 11 Fla. L. Weekly Supp. 407a