Suing Tenants for Damage in Fort Myers? Know Your Rights

Q: Can I sell my rental property even if it’s trashed or needs major repairs?

Absolutely. In fact, many investors—including our team at We Buy Gulf Coast Houses—specialize in buying homes exactly like this. No repairs needed, no inspections, no clean‑up. It’s one way to start fresh without sinking more time or money into a bad situation.

The first time I walked into one of my rentals after a tenant moved out, I stood frozen in the doorway.

The air was heavy thick with the smell of mold, soaked drywall, and something I couldn’t quite place. Maybe old food? Or worse. The ceiling above the living room had collapsed. Pink insulation dangled like dirty cotton candy. Trash was everywhere. A pool table was buried under debris, and the floor was coated in crumbling plaster, broken furniture, and what looked like a spilled bowl of cereal.

If you’ve been in this position heart pounding, anger boiling you’re not alone.

Being a landlord in Fort Myers or anywhere in Lee County can be rewarding… until it’s not. Most tenants are decent folks. But when you get stuck with a bad one? It can wreck your property and your peace of mind.

Let’s talk about what you can actually do when your tenant leaves behind more damage than dignity.

Destroyed rental home interior with ceiling damage, debris, and broken furniture — typical of severe tenant-caused property damage.

Damage or Just “Wear and Tear”? (Yes, It Matters)

Florida law makes a clear distinction and it can be the difference between getting reimbursed or being stuck with the bill.

Normal wear and tear: faded paint, scuffed floors, minor dings. Life stuff.
Tenant caused damage: broken windows, kicked-in doors, water-soaked drywall, missing appliances or, well, what you’re seeing in the photo above.

One is expected. The other? That’s grounds for compensation.

Step 1: Document Everything Like You’re Building a Court Case

Before your frustration takes over, slow down and document:

Take high-resolution photos and videos (include timestamps)
Keep your lease agreement handy
Locate your move-in checklist (ideally signed by the tenant)
Screenshot any texts or emails that show the condition before and after

This isn’t about being petty. It’s about protecting yourself.

🛠 Pro Tip from Mike Wall: I always do a walkthrough video with the tenant during move-in. Saved me more than once.

Step 2: Handle the Security Deposit the Right Way

You can’t just keep their deposit and call it a day even if the place is trashed.

In Florida, you’ve got 30 days after the tenant leaves to notify them, in writing, if you’re withholding any part of the deposit. You must:

Send notice via certified mail to their last known address
Break down what you’re deducting and why
Give them 15 days to contest it

⚠️ Important: If you don’t do this exactly right, you legally forfeit your claim to the deposit even if the drywall is hanging off the ceiling.

Step 3: Decide If You Want to Sue

Sometimes, the damages go way beyond the deposit.

If your tenant caused thousands in destruction, you can file a small claims case in Lee County. In Florida, you can sue for up to $8,000 without a lawyer. Anything above that may require legal representation.

Before you file, ask yourself:

Is the damage clearly documented?
Can the tenant actually pay if you win?
Do you have the time, energy, and patience to pursue it?

Because winning a judgment is one thing collecting it is another.

Step 4: File Through Lee County Small Claims Court

Here’s how to get started:

Visit the Lee County Clerk of Court website
Fill out the small claims forms
Pay the filing fee (ranges from ~$55 to $300)
Arrange proper service of the lawsuit to the tenant (usually through the Sheriff or certified mail)
Show up with your evidence and stay calm judges respect preparation, not rage

If you win, you’ll receive a court judgment. From there, you might pursue wage garnishment or a lien but be realistic. Not every tenant is collectible.

Step 5: When to Stop Fighting and Start Moving On

Here’s the truth some landlords won’t say out loud:

Sometimes, the legal process just isn’t worth the emotional drag.

If your home is severely damaged, you’re burned out, or the cost to repair is too steep maybe it’s time to consider an exit.

At We Buy Gulf Coast Houses, we’ve helped dozens of Fort Myers landlords just like you sell their properties as-is, no matter the damage. No cleaning. No repairs. No dealing with more drama.

Just a clean slate.

Real Talk: From One Property Owner to Another

I’ve seen a lot in this business. Ceiling fans dangling by a wire. Toilets filled with clothing. Pets that never should’ve been there.

But what stings most isn’t the damage it’s the betrayal. You trusted someone with your investment, and they treated it like a trash can.

If you’ve reached your limit, I get it.

Maybe you want to sue. Maybe you want to walk away. Either way, you’ve got options and someone who knows what it’s like to be in your shoes.

💬 Ready to talk? I’m Mike Wall. I help Fort Myers landlords offload distressed properties fast no agents, no repairs, no judgment.

Frequently Asked Questions (FAQ)

1. What if my tenant completely destroyed my rental and disappeared?

That’s one of the hardest situations—emotionally and legally. If you can’t locate the tenant, you can still sue in small claims court using their last known address. You may receive a judgment by default, but collecting it is often difficult. In some cases, it may make more sense to cut your losses and sell the property as-is to avoid further stress.

2. Can I legally keep my tenant’s security deposit if there’s damage?

Yes—but only if you follow Florida law to the letter. You must send a written notice within 30 days of move-out via certified mail explaining the damage and your deductions. If you miss this step, you lose the right to keep the deposit, no matter how bad the damage is.

3. What happens if I win in small claims court but the tenant doesn’t pay?

Winning a case doesn’t guarantee you’ll get your money. You can try to collect through wage garnishment or a lien, but this takes time and often requires follow-up legal action. That’s why some landlords choose to move on and explore options like selling the property quickly for cash.

4. Is it even worth suing a tenant for damages?

That depends on your emotional bandwidth, the amount of damage, and whether the tenant has any assets. Suing can bring closure, but it also demands time and energy. If the damage is severe and you need to move forward fast, selling the home might be the smarter move.

5. Can I sell my rental property even if it’s trashed or needs major repairs?

Absolutely. In fact, many investors—including our team at We Buy Gulf Coast Houses—specialize in buying homes exactly like this. No repairs needed, no inspections, no clean-up. It’s one way to start fresh without sinking more time or money into a bad situation.