What can I do if I have a tenant who is using the security deposit as a rent payment?

He is moving out Jan. 1st. I have his last month and security but he didn’t pay me for this month.

Asked on November 14, 2015 under Real Estate Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) If he hasn't paid you for November, you can send him a three-day notice to pay or move (i.e. to move in three days); if he does not, you could file an eviction action to remove him earlier than January 1, 2016. You can get instructions for filing the notice and the lawsuit and possibly sample forms from the court. Tenants are not allowed to use their security for rent; they have to pay rent until the end of their tenancy.
2) If at the end of his tenancy, he owes you more money than his security deposit will cover, you could sue him for the balance.

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