Withholding Tenant Security Deposit for Damage

[Loree Sarokas]

Tenants were all college students with co-signers from out of State. They were OK tenants during the course, some hiccups and OBVIOUS smoking marijuana in the house with a VERY clear no smoking policy. Tenants set the inspection time, I showed up and the house was a complete disaster, by that I mean... burn holes in carpets, coke can or something blew up on the wall and floor, handprints in basically mud, all throughout the house on the walls, used cat litter dumped in the yard.. the list goes on. I was upfront with them verbally that the home was not cleaned as required in the lease and that there is a lasting odor of smoke in the home as well as irreparable carpet damage in all 3 bedrooms. Yes I have photos of pre move in as well as move in condition report as well as a signed lease for expectations (very detailed). Damage/Repairs total 4900.00 with 2 separate licensed contractors estimates. None of the tenants objected to my observations during the walk through. They asked for another day to clean the house but didn't want to pro rate rent another day. They also had the water shut off a day prior to the end of the lease and said that was the reason they couldn't "clean". I've sent my Certified notification to 2 of the 4 tenants as they only gave me info for 2. One of the tenants received the mail. The other, has yet to pick it up from the post office since they are not home to receive it or have it re-delivered. My biggest question is, if they want to object... Florida Law states they have 15 days from time of receipt of the landlords notice to withhold. What if one of the two does not pick up their letter? Is it considered "received" because one person got it? What is the best way to go about small claims court? Should I inform the co-signers first via email and give them an opportunity? Grateful for any insight/suggestions.