Can Landlord withhold security deposit?

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ECBFSU

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I own a duplex in Florida. I live on one side, and rent out the other side. My tenant left a lit cigarette burning in a trashcan on the backporch and caused $35,000 damage to her side of the duplex(repaired through home owners insurance). As a result I required a lease addendum banning smoking from the premises inside and out (inside was already banned).

On multiple occasions I caught the tenant smoking, in plain sight on the front and back porch. In the addendum it states breach of the addendum is considered a breach of the lease. The lease states that if you breach the lease, I have the right to ask you to move out, and pay the remaning balance on your lease agreement.

I repeatedly gave second and third chances when the tenant began crying stating that they 'have a problem'. During this time the tenant also let their adult child stay with them for 3 months without my permission, another breach of the lease.

The tenant just moved out. Do I have the right to withhold the security deposit for these multiple infractions? Any advice would be appreciated.
 
Was the tenant current on rent? Generally you withold deposit for damages. I have not looked up FL law but I doubt you can access monetary charges for breaking rules where damages were not done to property
 
The tenant is current on rent. There are minor damages I will be charging for, and will work on getting quotes.
I will look at the link as well. Any other advice?
 
Make certain you notify the tenant of the status of their security deposit (even if you plan on keeping all of it) within the required time frame for your state.

Failure to do this means your ability to use any of this for damages is negated.

Gail
 
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