Originally posted by @Mark A.:
Mark Poulton I appreciate the information, and that is very good to know. I would say that I am inclined not to take these tenants based purely on what you and everyone else above has said re credit score.
I will however say that the validity of the lease terms will never be questioned until some form of legal proceeding takes place, e.g. Eviction. Me possessing the money would still entice someone to continue to pay, and if you get a judgment against the tenants for rent owed (through eviction), the money you are holding could be used to immediately satisfy the judgment - at least I believe that to be true.
Disclaimer - I am an attorney, but I do not practice in the landlord/tenant/real estate area. So take what I am saying with a grain of salt. However, I am a litigator and therefore have experience with judgments and the like.
And again, I appreciate everyone's input on this.
I am going to give you great advice here. You live in NJ. It is a liberal uptopia with extremely left wing judges. I agree with the sentiment of what you say. It doesn't matter what is in the lease until someone takes a legal action. I do it all the time with clauses in my lease. The difference here is that a judge will just invalidate a clause in my lease. No real damage. If you take 8 months rent (not sure why you would anyway) as a security deposit, you are breaking the law. Big difference my friend. Many eviction judges think you are a billionaire slum lord and will take it out on you. They city/state has unlimited funds to go after you and if they decide to to do that, your life will suck.
On the other hand, if renters had great credit scores, they probably would be buyers. I don't care so much about your credit score as long as your credit shows a history of you paying your bill. Think cell phone and cable. If they won't pay their cell phone and cable bills, they probably won't pay their rent. Ignore medical bills. They cannot be collected anyway.