What Is Waste?
In property law, waste is damage to, or neglect of, real property by someone who possesses it but does not own it outright — harming the interest of another who has a stake in the property. The classic setting is a life tenant or a tenant who lets the property deteriorate or alters it in a way that injures the rights of the remainderman, landlord, or lender.
Types of Waste
- Voluntary (affirmative) waste — active damage, such as demolishing structures or stripping fixtures
- Permissive waste — damage from neglect, such as failing to make repairs or pay taxes, letting the property decay
- Ameliorative waste — changes that increase value but alter the property's character; sometimes still actionable
Waste in Florida
Waste matters whenever present and future interests in the same property are split. A life tenant must preserve the property for the remainderman — maintaining it and paying taxes and interest — and can be liable for waste that harms the remainder. Similarly, a tenant can be liable to a landlord, and a borrower to a lender, for waste that reduces the property's value as collateral. The injured party may seek damages or an injunction to stop ongoing waste.
Related Terms
- Life Estate — Where the duty against waste commonly arises
- Remainderman — Whose interest waste harms
- Injunction — A remedy to stop ongoing waste
Barnes Walker Real Estate
Barnes Walker's attorneys handle Florida life-estate, landlord-tenant, and property-damage disputes involving waste. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC