Florida Tenant/Landlord breach of lease

[Beth Quish]

If I have it in my lease, can I keep a one month tenant security deposit and responsibility for paying the remaining 2 months owed? I would consider small claims since its about $3800. I dont want to violate a statute (which Ive checked thoroughly) or risk losing and having to pay attorneys fees. I cant seem to get any attorneys to call me back to get a consult. Any advice?  

[JD Martin]

I don't understand your question. Are you saying the tenant left owing 3 months of rent? 

It doesn't much matter what you have in your lease when it comes to deposits. Virtually every state (including Florida) has a Landlord/Tenant act that defines the idea of deposits. That will trump anything in your lease. I think virtually every state allows you to apply deposit to legal, unpaid rent.