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.
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.