Tenant wants to use last months rent to pay past due rent

Bankruptcy and Debt 1 views 3 answers
I rent a house to some tenants in Jacksonville, FL, who have rented from me for over a year. At the lease signing I asked for and they paid first months and last months rent and a security deposit. The lease they signed specifies that the sec. deposit can't be used to pay last months rent, but there is no other mention of last month's rent in the written lease. They are now behind on their rent and want to use the last month's rent they paid at the lease signing over a year ago for the rent they are behind on now. Am I obligated to apply the "last months rent" they paid at lease signing to their current rent that they're behind on (something I don't want to do), or is this something that's at my discretion?

Attorney Answers

3
Jonathan Klurfeld ·
It should be at your discretion if the lease does not mentioned it. You may want to have a lawyer review the lease to make sure though.
0 upvotes
Oscar Blasingame ·
You do not have to apply the security deposit to pay the delinquent rent. It is at your discretion. I suggest that should NOT use it for that reason. It would be best to have an attorney review the lease before moving forward.
0 upvotes
teven Nathan AinbinderInsurance Law LawyerBoca Raton, FL ·
The simple answer is no. Taking last month's rent is a way to protect you in the event the tenant breaches the lease. I would stick to the terms of the lease. Good luck.
0 upvotes

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