If I have it in my lease, can I keep a one month tenant security deposit and responsibility for paying the remaining 2 months owed? I would consider small claims since its about $3800. I dont want to violate a statute (which Ive checked thoroughly) or risk losing and having to pay attorneys fees. I cant seem to get any attorneys to call me back to get a consult. Any advice?
I don't understand your question. Are you saying the tenant left owing 3 months of rent?
It doesn't much matter what you have in your lease when it comes to deposits. Virtually every state (including Florida) has a Landlord/Tenant act that defines the idea of deposits. That will trump anything in your lease. I think virtually every state allows you to apply deposit to legal, unpaid rent.
I don't understand your question. Are you saying the tenant left owing 3 months of rent?
It doesn't much matter what you have in your lease when it comes to deposits. Virtually every state (including Florida) has a Landlord/Tenant act that defines the idea of deposits. That will trump anything in your lease. I think virtually every state allows you to apply deposit to legal, unpaid rent.
NOT going to offer legal advice. AM going to offer this advice: from now on have a clause that the tenant signs stating they owe two months rent for early termination of the lease. I have that in mine.
The tenant will owe 2 months rent. Plus the security for breach of lease. I've been reading a lot about Florida judges considering clauses about forfeiture of security to be unconscionable . Trying to avoid a costly lawsuit if I lose. Thanks!
Florida actually has a form for early termination - see page 10 of the online free lease form.. https://www-media.floridabar.org/uploads/2018/08/single-family-lease.pdf\