State Specific Question About: FLORIDA (FL)

I have a question regarding a rental property I currently own in Miami, FL. I am a long distance landlord and I live in TX. I currently have a tenant who is renting the property. They have been renting the property for 4 years now. They are good tenants and always paid their rent on time (even long before the due dates). I recently flew to Miami and stopped by at the house for some repairs. I saw the house was cleaned and well maintained.

Two months before their lease ends, they told me that they won't extend the lease because they wanted to move for a job. They mentioned that since I already saw how good they took care of the house and what a good tenant they have been (never late in rent payment for 4 years, cleaned the house very well, repaired little things that needed to be repaired by themselves without bothering me), they wanted to use their 2 months security deposits that I held to pay for their last 2 months of rent (March and April). They promised me that they would take care of the house and leave the house as the way I saw them when I was there recently.

I thanked them for being a good tenant, but I told them that they couldn't use their 2 months security deposits for paying the last 2 months rents and they needed to continue to pay the rents. However, they didn't accept my explanation. They said they doubt that I would return their money. I explained again to them that as per lease agreement, I needed to hold the 2 months security deposit until they move out. They didn't accept my explanation either. So, I negotiated with them since they were good tenants for 4 years, I would gave them their 1 month rent. They accepted it with 2 conditions, they wanted me to write them a good reference letter, signed and notarized that they were good tenants for 4 years, always paid rent on time, never damage the house, etc. and they also wanted me to return the 1 month deposit between April 20-26 (their move out date is April 29), which I rejected it.

The funny thing is when I told them I wanted to sell the house and the RE agent wanted to look at the property to take some pictures, they responded quickly and they told me to let them know ahead of time so they could prepare the house at its best for picture taking.

Now, I am confused. I know I should issue the 3 day notice but if I do that I am sure that they won't cooperate with me or RE agent for selling the house. And I will have to wait for the end of April to sell the house.

So,what should I do? Does anyone here have a similar experience?

Comments and input would be appreciated!

Thanks,

Masta

In some states it is ILLEGAL to use the security deposit until AFTER the tenancy is terminated. What does your state's law say on the matter, and are you in violation of it?

" they still didn't want to pay the rent."

And that would make them deadbeats. A kind reminder, "Mr. and Mrs. Tenant, I am Masta and I'm your friend. I want to help you end this tenancy on a good note. If you have any questions about the terms we agreed to in the lease we signed 4 years ago, I am happy to go over that with you."

The 4 years has nothing to do with it now because they are holding a gun to your head now. Who wants to deal with that.

Forget quoting the contract it's the law of FL.

What she said is true. B U T remember this is for upcoming rent. She wants (according to you) to use the deposit. NO NO and NO. Its due on the first-- if not in the office by the 5th I'm filing and the record will be there.

Masta,

"...she took pictures of the house when she moved in 4 years ago and the pictures now."

Again she is trying to manipulate you..with 'pictures now'.

My response is 'Great. But the pictures that count are the ones I TAKE AFTER YOU have returned possession of the property.

Thank you for your response Shaun, what I meant with she was taking pictures when she moved-in and pictures when she is now, those pictures were not for me but to show them to her future landlords. So, in other words, she told me that with her bank records showing that she's always paid on time for 4 years and the well-maintained house (thru pictures), she doesn't really need my reference.

I didn't see the pictures at all but I went to see the house myself last month in February when I get some repairs done.

Here's the reality. Neither you nor the tenant have the right to access the security deposit UNTIL they vacate the premises. While legally the money is theirs being held in trust by you or your atty it cannot be disbursed to anyone as long as they are still occupying the property even if you think they will be receiving their entire deposit back at the end of the tenancy.

I had a tenant that had terrible credit but offered 8 months security deposit up front so I rented to them. As the months wore on they needed me to use some of their "sec.dep" to pay their rent so I deducted it from the trust account and applied it to their rent. They requested me to use it for rent in writing and I showed them the transfer of funds from the trust acct.to checking to cover myself.

After 8 years of renting they wanted to buy the house and it was one I wanted to get rid of. My atty. was writing up the contract and reviewed the lease and gave them credit for the 8 months sec dep. i told her they had used 6 months so they were only entitled to 2 mo. and then the lecture began. The only way you or your tenant can access money held in trust is if it is listed as advanced rent. And rent paid in advance by more than 10 days must be placed in the trust account and identified as advanced rent or you can be facing some fairly hefty fines.

Trust account rules are fairly universal across the country.

NC investor------ attorney your fired!!!.. This was YOUR attorney? You give the credit for the 2 months remaining in the deposit account. We do this all the time. What the heck is in her head?

No I don't care what HE said. Plus what are you doing using an attorney to write up a sales contract-- you can do that yourself. When its signed than you get an attorney to close it. My oh my!!!!!