I have a month to month tenant, (1 year lease expired in Feb 2009). She gave me notice 3 days before September rent was due that she was moving. She told me to use the security deposit as last months rent and did not pay me for September.
I found out that I have failed to abide by the provisions of Fla.Stat. 83.49 waived my rights to make any claim on the security deposit.
Even so, would I be able to take her to small claims court for the rent money. She did not give me a months notice. If so what are my rights.