Real Estate Broker · Fort Lauderdale, FL · Member since 2018 · 196 posts · 191 votes
6y
No, if they violate the lease you send them a 7 day notice to cure and if they dont you can start evicting. The security deposit can then be deducted from to cover any expenses for court costs or any damages from the situation. In any case when funds are taken from security you have to give advance written notice and they still have the right to counter in writing. See the Landlord Tenant Act for clarity on leases.
Short answer: NO. A LL can only deduct the cost accrued from damages caused by the tenant, a LL cannot just keep the full deposit because a tenant violated the lease.
With that said, tally the cost of the damages and deduct that from the security deposit - that is how much you keep. Be sure to provide the tenant with an itemized receipt. Example:
Security Deposit: $1,000
Cleaning Crew: -$300.00
Cost to Patch Wall: -$150.00
Moving Crew to Remove Tenants Belongings: -$295.00
Tenant Receives: $255.00
Take photos of each item of concern and include them in the letter you return to the tenant. Also, include copies of the receipts from the cleaning companies, contractors, movers, etc. If the damages account for more than the security deposit, send the itemized list with photos and receipts and outline what tenant owes to you.
Lastly, only deduct what you can justify and are willing to defend in small claims court.