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Tenant claims it was vandals or burglary

I don't have proof but I know he was drunk and broke the outer glass door on the patio. Like a storm door.  He claims it was a random act.  I phoned the police that produced a report saying inconclusive.  Do I have the right to hold from his deposit?   Tenant had a 2 year lease but was late every month so after 4 months he is moving out.  We just want him out so we signed a document stating we would not withhold deposit for early termination.  Do I have the right to fine him one months rent for not giving us a proper 30 notice even though he has document saying no penalty for early lease termination.  I have no intention on making an issue of breaking the lease, but less than 30 days notice is not cool.

This depends on how bad you want him out, if you give him the deposit(AFTER he moves out) you will be done with him. However since the police report is inconclusive you are entitled to hold the security for the amount to be deducted to fix any repairs that has been caused. The tenant is responsible for the condition of the house while they are there, especially if there is no proof of a burglary. You can also use the security to cover the cost of moving out with not enough proper notice.
I would deduct the damages from his deposit. If he doesn't like it, he can sue you for the damage deposit. Most likely the judge would side with you anyways. 99% chance he will not sue you to try and get his DD back.
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