Our tenants are 5 days past due on their rent. After 3 days of trying to contact them, they finally returned our call. They are telling us they would give us $500 and use the security deposit for the remainder of this month's rent. Their lease does not expire until 10/9/2012. We do have the month of 9/10/12-10/9/12 rent paid in advance. But they are now teeling us they are leaving in Septmber. We have never received any wriiten or oral notice.We want to file a 3 day pay or quit. We have told them several times that security cannot be used as rent.We know this money must be maintained in a separate account and not touched until the lease expires. Since then they have direct deposited $500 in our account after we have told them that would not be accepted. Can we file a 3 day pay? Knowing they are planning on breaking the lease anyway?this is in Palm Beach County FL

How are they doing a "direct deposit" into your back account, that concerns me greatly?

But yes, if they are not paid up on the rent, with all paymemts including late fees, you give them the notice.

We set up
A separate account for the tenant to make the monthly deposit. We are out of state and it seemed like a solution since we previously always got... the check is in the mail.

Yes, as soon as a tenant is 1 day late you can give them a pay or quite notice. If they pay in full you drop it. If they don't, you file in court for an eviction order.

And you are correct, they cannot tell you how to use the security.