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Updated over 6 years ago on . Most recent reply
![Logan Jones's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/160952/1621420288-avatar-thebum2469.jpg?twic=v1/output=image/crop=768x768@127x0/cover=128x128&v=2)
Is taking this legal from a deposit?
I'm a landlord in Florida and my tenants recently moved out. I was charging them 1000 a month which comes out to about 33 dollars a day. The cats urinated all over the master closet laminate floors which are brand new. These tenants were the first to have the new flooring. The floors are wet and bowing from the absorption of urine. It's going to take me an extra week to remove all the flooring in the closet, clean, and redo. I know I can charge the tenant for materials and labor. My question is, am I able to charge 33.00 a day against the tenants deposit (the rent I would be receiving from new tenants) for missed opportunity cost? Is this legal? Any experienced Florida lawyers or landlords dealt with this issue?
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![Sean Dawson's profile image](https://bpimg.biggerpockets.com/no_overlay/uploads/social_user/user_avatar/382801/1621448051-avatar-seand9.jpg?twic=v1/output=image/crop=1944x1944@0x323/cover=128x128&v=2)
@Logan Jones Here in Columbus, I had a tenant's kid pull the soap dispenser off the wall and not tell me about it. Water got in and had to redo that whole wall instead of just fixing the soap dish part.
When they moved out I charged them for the materials to fix it and for my time. They were also charged for other items and I did not give them back their deposit. They took me to small claims court. Magistrate struck the portion I took out for my labor. Said that was part of being a landlord. This was my first time going to court and first time dealing with problem tenants.
After that anytime there was a problem I had a contractor fix it and deduct the full amount. That is always allowed.