My old broker who is an attorney said this is not legal at all because the listing agent is not representing the buyer and does not have the right to charge the buyer.

It's not going to force anything, but you can let them know "hey I'm sorry you're having a rough time, I'm willing to work with you on this but I need you to work with me as well".Check with your attorney for the deposit, in FL the deposit has to be made out to all occupants on the lease, so that could cause complications.

We had an episode of "Real Estate Note Show" on this topic with Attorney Sean Clemmensen.  

UPDATE: Connected with an RE attorney friend and he said Sub2 is not a thing anymore in DE.

It goes deeper than that.NYC Liberal policies, including strong tenant protections, increases the risk of failure so much that the risk far outweighs the rewards.Financial ruin is just around the corner for the small Mom and Pop Property Investor that it doesn't make sense for them.The Tenants will have free Attorneys that are bent on delaying eviction cases so long that it stretches into years while Mom and Pop suffer from lack of rental income and still have to pay all the bills and do the management.Additionally, the increase in homeless living rough in the streets due to Sanctuary laws causing a lack of shelter beds, then evicting shelter residents after 30 days creating more homelessness, policies that tie up the Police's ability to arrest perpetrators, etc. only causes Mom and Pop to sell out at large discounts to larger Landlords who are capable to use Economies of Scale to eek out a profit.These larger Landlords will eventually turn a much higher profit as the pendulum will eventually swing towards the middle when the NYC Voting population eventually realizes that it's not a conspiracy of the Rich that's causing the Wealth Gap to increase.It's the same liberal laws that encourage people to become lifelong tenants, small Entrepreneurs (including Property Owners and small Mom and Pop Businesses) to be destroyed, and Rents to rise astronomically as housing becomes scarer even when the population declines by as much as 7% in the last several years. 

@Stevens Jaquez hire an experienced eviction attorney and be sure they explain your options throughout the process.Not paying the electric may be seen as retaliatory in some states/cities.

Let them know that your "attorney will draft it" so they know you have legal means if things go sideways.

I know I should consult a CPA or attorney but wanted to get input as some may have been through this.

But wanted to add that you may want to consider a consultation with an attorney or even your liability insurance company to discuss best ways to handle this up front to avoid mis-steps in communication with the tenants, neighbors, media etc.

Whenever making an investment decision, please consult with your tax attorney or financial professional.