Situation: Condo unit where landlord has a tenant that has overstayed their lease and told him that they will be using their security deposit as last month's rent. This is a prospective listing for me, in fact already have a signed lease with the new tenant that is ready to move in on the 1st of next month, so I am at a loss and hoping that the tenant leaves quickly and quietly over the weekend.
I have educated the landlord that their rights within Florida as I understand them (not an atty here as I reminded the landlord) are they can give written 3 day notice for non payment of their last month's rent, allow for a 5 day response and then a judge could order a 24 hour eviction.
Unfortunately the tenant thinks they have the landlord over a barrel by using their security deposit as their last month's rent.
Unfortunately the landlord let this get to this point after the lease ran out.
Your thoughts? These would be greatly appreciated.. yes the good, the bad and the ugly, we would like them all!