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forfit of last months rent?

My tenant refused to move when lease ended.  He never gave me security which was supposed to be paid in increments of 50.00 a month until $500 was paid.  This was included in the lease.  He only gave me partial last months rent which he was also supposed to pay in increments. Does he forfit the partial last months rent deposit because he did not move when the lease ended or can that be applied to security?

Congrats on grabbing the bull by the horn and doing what every landlord must do to tenants that try to take advantage of us……Most contracts don’t cover every situation. Therefore, consider using Addendums to make sure that your situation is protected. (1) Make sure your contract has a late fee between 5 – 10% of rent as a late fee. Check your area to see what other rental agencies are using. (2) Have a clause that states that if you have to serve a Notice, tenant will be responsible for the cost of having the Notice served in addition to an Administrative (you) fee of $50. I never serve my tenants. I use an agency to do that (approx $100). It appears more professional and that I mean business. (3) Animals are another problem. My clause state No Pets, including fish, hamsters, etc. Should a pet be brought onto the property even for 1 second, tenant will have to pay $200 per pet per incident and lease may be terminated (4) Landlord reviewed the contract with the tenant and tenant agrees that they understood all terms. I meet with each qualified tenant and go over the contract with them. If they bulk at any of the above, guess what they are telling you. There is nothing more tenants hate then having to pay for terms that they plan on violating…..Once again, Congrats. I wish you the very best. Be strong and address all violations immediately. However, if you have a long term tenant (~ 4 yrs) that has been excellent, it’s ok to show compassion occasionally.  ¿
Thank you for your many responses, I have consulted a lawyer.  I have also researched as much as I could find about Florida landlord-tenant law, but I was confused about the partial last months rent that I recieved already.  I'm also trying to prepare for possible damage in retaliation that my tenant may be capable of now that I am evicting him.  This is my first rental property and its a learning experience. I'm not out any funds at this point and I'd like to avoid small claims court after he is gone.  I just thought someone could answer my above question before I go digging for answers myself. Thank you for your advice it is appreciated but please keep your judgements to yourself.
@ Terese - didn't you say you were going to consult a lawyer? If you hadn't by now, maybe you should really look into it. Rentals is a business. If you can't run it that way, maybe you should consider getting out before you go totally broke or take the time to study/understand your local.state laws...  -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.
Seriously! You’re asking where to apply the $$$ you rec’d – rent vs sec.dpst? If $$$$ was given for rent, it goes to rent. How simple can that be? Having said that, what would the advantage be by applying it to sec.dpst? If he moved and he owes you $$$ for rent, you would 1st apply the sec.dpst to pay the back rent……The mere fact that (1) you allowed the renter to move in (regardless of his reasons) without paying the full amount of sec.dpst, (2) the fact that 12 months later (I’m assuming here-lease ended) he still hasn’t paid and now he owes you rent, (3) you have reservations about going to court, (4) you served a 3 Days Notice instead of a Notice to Vacate, and (5) you spoke with a lawyer and still asking questions, is a clear indication that you have a lot to learn and you’re on the road to disaster if you continue down this path….I’m offering my humble opinion because I don’t want to see a good person (I assume this to be true given your generosity) go under. This one experience may set you back several $1000s. Maybe you can afford it, but your generosity may be better served by donating to a charity of your choice and not dead beat renters. ..  -----Disclaimer: Since I’ve been answering a lot of questions, I thought I would make the following statement. I’m not affiliated with EZlandlord Forms. I’m just here (not sure how long) to help those that have questions. Having 40+ yrs with Rental Property and done well, it’s my way of “Pay it Forward (check out the movie).” However, it is up to you to become familiar with Fed/State/Local laws. I always like to know if the suggestions I offer are helpful. Feel free to comment anytime. Thanks in Advance. BTW...check out the Rental Property Organizer at Simp-List.com. Free Trial Download with data.
Thank you again, and yes, I did make a lot of mistakes.  However, this was my first rental property, and it has been a learning process for me.  It still is.  You will be happy to know that my tenant is now paid up to date and I did serve a notice to vacate.  I no longer have reservations about going to court and have taken the appopriate steps to evict him.  Your advice has been very helpful and I am grateful.  I will be much more strict about the terms of my next lease and will continue to educate myself on landlord-tenant laws in the state of Florida.  Unfortunately, I waited too long to do that.  My current tenant had mistaken my generousity for weakness and took advantage.  But I was a fool to allow it to happen.  Be assured that that will never happen again. Thank you again for all of your input, please dont stop, you are obviously knowlegable and experienced in these matters. Sincerely, Terese     
Thank you again for all your help, I obviously needed a kick in the butt to realize that I was being taken advantage of.  I think I'm on the right track now.  I will look into using a agency, thats a good idea, as well as all the suggestions you have made.  You are a very good person to volenteer your time in helping other ignorant landlords like me.  Please know it is more than appreciated. Thanks again,  Terese
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