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Beth Quish's profile image
Beth Quish's profile image
Beth Quish
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Beth Quish's profile image
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Beth Quish
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General Landlording & Rental Properties

Florida Tenant/Landlord breach of lease

Beth Quish
Posted

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?  

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JD Martin
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JD Martin
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JD Martin
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JD Martin
  • Rock Star Extraordinaire
  • Northeast, TN
ModeratorReplied

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. 

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