Tenant Breaks Lease Option and Damages Property

[miki774]

My tenant had a 2 year lease with option to purchase. He broke the lease 1 year into the agreement and left without notice. He paid a security deposit of $1200 and a nonrefundable option to purchase amount of $3000 which was to be credited to the purchase if exercised. Damages to the property, unpaid rent, etc. amount to more than the security deposit. Am I required to use the nonrefundable option money to cover the difference or can I legally try to collect the difference and keep the option money since he did not exercise his option and broke the lease?

I wouldn't pursue it. A tenant friendly judge would say you were already compensated for the damages through the option money. Look at it this way. At least you aren't out anything, unlike many other LLs after a tenant leaves with damages.