New Port Richey, FL asked in Real Estate Law, Landlord - Tenant and Small Claims for Florida

Q: Am I liable for supposed water damage on a rental home if we never had any issues and never left windows open?

We recently moved out of a rental home and our landlord is looking for reasons not to give our security deposit back. We have been out for two weeks, and he sent photos of “water damage” That a “water damage specialist found”. He said the water marks show that water came from the window left open and water was allowed in. HOWEVER, the photos do not show any type of paint damage or marks/streaks if water did come thru the window down to the baseboards.

He said that water came in and accumulated behind the baseboard and that moisture was trapped in their for months (how would he know this?).

Also, he said that the baseboard has been removed and the rotted drywall patches removed to allow to dry.  Before anything can be fixed, moisture absorption containers have been placed along the bottom of the wall and at the window sill to rid of all that moisture before anything can be fixed.

Knowing all of this, would we be held responsible for the damage?

2 Lawyer Answers
Bruce Alexander Minnick
Bruce Alexander Minnick
Answered
  • Landlord Tenant Lawyer
  • Tallahassee, FL
  • Licensed in Florida

A: Go look at the alleged water damage to find out if the landlord is being honest or just gaslighting.

1 user found this answer helpful

Seril L Grossfeld
Seril L Grossfeld
Answered
  • Fort Lauderdale, FL

A: This sounds like some sort of structural problem. If landlord does not want to give back deposit over this you will need to file small claims action and will probably need an expert to give an opinion on whether the damage was caused by you or some sort of defect in the building itself. Now the question is whether the amount landlord wants to keep is worth the extra time and expense on your part, but you need to look at it to see what is going on and see if you can resolve with landlord.

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