Hold Agreement until possession - 2 months rent too excessive?

[Greg Pratt]

Hello,

In the past, when I get a lease signed, I also collect security deposit and first months rent, then take the property off the market.  I've never had an issue with a tenant not moving in, but I assumed if that would ever happen, I would just keep that first months rent and security deposit and re-list.  However, after reading on here, it sounds like legally I would have to return the security deposit (not sure about that first months rent).  It seems the better option is to have a Hold Agreement that converts into a Security deposit once the tenant moves in.  This will work for me, but from what I read on here, the Hold Agreement fee is usually only 1 months rent (or even less), but I find that most of my tenants are around 2 months of moving in. 

For example, I just put a house on the market and most prospective tenants are wanting to move in April 1 which is around 2 months away.  This is fine with me, but if I collect 1st months rent plus security, and on March 31 they tell me they aren't moving in, I would have to legally give back their security deposit (and not sure about that first months rent since they never moved in) and then I would have to re-list, and probably have to wait another 2 months before someone would move in.  

I thought about having a Hold Agreement due at Lease signing, equivalent to first months rent plus security deposit.  If they don't take possession, it's non-refundable.  Once they move in it converts to the first months rent and security.

Is this amount (2 months) excessive for a Hold Agreement?  Basically asking if I had to go in front of a judge.