We rent a home in Florida. The tenant took occupancy on August 1, 2012. There was a tropical storm on August 26, 2012 which caused a major roof leak and there was water damage to the master bathroom. We had the roofer go out immediately and fix the problem however, there was much damage done to the interior of the bathroom. We contacted our insurance company and we have been dealing with them. Our lease states that the tenant will be entitled to a rent abatement for the bathroom that they are unable to use OR they can move out. The rent is $2,100 per month. It is a eight room home. We offered them $600 a month rent reduction until the problem has been fixed. They have decided to move out. They are demanding that we give them one months rent free, an additional $600 per month during their two month stay AND they demand $1,500 in moving expenses. This home was leased as fully furnished!
They now want to sue if we do not give them their demands. What are my legal rights as a landlord and what is the tenants rights in this case?
I

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Originally Posted by gholland55

We rent a home in Florida. The tenant took occupancy on August 1, 2012. There was a tropical storm on August 26, 2012 which caused a major roof leak and there was water damage to the master bathroom. We had the roofer go out immediately and fix the problem however, there was much damage done to the interior of the bathroom. We contacted our insurance company and we have been dealing with them. Our lease states that the tenant will be entitled to a rent abatement for the bathroom that they are unable to use OR they can move out. The rent is $2,100 per month. It is a eight room home. We offered them $600 a month rent reduction until the problem has been fixed. They have decided to move out. They are demanding that we give them one months rent free, an additional $600 per month during their two month stay AND they demand $1,500 in moving expenses. This home was leased as fully furnished!
They now want to sue if we do not give them their demands. What are my legal rights as a landlord and what is the tenants rights in this case?
I

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"Rights" vary by State. Where are you?

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Originally Posted by gholland55

We rent a home in Florida. ...

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What exactly does the rent abatement clause of the lease say? Does it provide a formula?

Is the bathroom totally unusable? Is it the only bathroom in the houlse? How long will it be before the bathroom is fixed?

Anybody can sue. Not everybody can prevail in a lawsuit. It appears that they are asking too much, but you haven't given us enough detail to know for sure. It would be a good idea to run this by an attorney.

I would first run this by your insurance carrier. But I agree that it appears they are asking too much. If the lease includes an abatement clause, then that would be your only legal obligation. You would not be liable for moving costs since that was THEIR choice. And they would be liable for any rental (less the abatement) for as long as they occupy the house.

I believe that the small claims max in FL is still 5K. I don't think it's coincidence that they want 4,800. I don't think they would win anywhere near that much. Stick to your offer. Get some documentation of the storm damage around your area, which wasn't your fault.

I think part rent is all they will get, and that will depend on how unusable it was, I hope you got photos of everything

So let them sue, personally it is way too much and I don't see them having a chance in court for nearly that much