evictions and security deposits

[Susan M.]

Hello,

I had to evict a tenant because of excessive noise (all the neighbors complained), having a cat and a dog in the unit which was not allowed under the terms of the lease, and for allowing her friend and her friends' 2 children to move into the unit.  She lived in the condo for 8 months and when she vacated I had to have the apartment repainted and the carpets cleaned because she smoked in the condo, which also was a violation of the lease.  The condo had been freshly painted just before she moved in 8 months earlier and the carpet was brand new.  It also cost me $2100 for the eviction, which was never really an eviction because we settled the case, but I had to pay the lawyer fees. Now she wants her security deposit back.  Can I deduct the cost of the paint and carpet cleaning?  The unit is in Florida.

Thanks!

[Max T.]

Nancy Neville I was under the impression that touch up paint would address normal wear and tear but if the whole place needs re painting after only 8 months (to address cigarette odor) that is above and beyond normal wear and tear and can be charged.