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Do I have to return a partial deposit for a rental room when the tenant decides not to move in?
I have a guest house with rooms to rent. The room in question was occupied but the tenant had taken a job up north and wanted to move although he was under a one-year lease. I placed notices and started showing the room.
I was contacted by a girl looking for a place for her boyfriend. She came by, loved it, called him and gave me a 260.00(of the 500.00 deposit) with the understanding that the deposit balance and the rent would be paid within one week and that the boyfriend would sign a lease for 1 year to get a 600/mo rental rate (discounted from 700/mo for the one-year lease). They didnt showed up within the week but called to confirm that they still wanted the room. They insisted that they needed it immediately (by the 1st of March). The current tenant received his deposit back and left.
The boyfriend called the 4 days later to postpone the move till April (1 month). He called yesterday to cancel the move. He wants the 260.00 back. I said no. Any thoughts?
4 Answers
- linkus86Lv 71 decade agoFavorite Answer
In most cases the deposit must be returned unless the deposit was noted (and mutually agreed upon that the deposit also served to save (secure) the place for the new tenant. Check you state laws to be sure.
Source(s): Realtor - mangokdkatLv 51 decade ago
As you've lost the potential income from holding the room for them, and not renting to other tenants, I see no reason that you should give the money back. This is the whole reason that deposits are given, as good faith that the contract will be upheld on both ends.
I would check your local housing laws to make sure you can keep the deposit.
If in good faith you want to return the deposit, do so.
- Classy GrannyLv 71 decade ago
Check the laws in your state. Im most a landlord is under no obligation to return the deposit. In your case you went without rent an extra month waiting for him to move in. I wouldn't return the deposit.
Source(s): I am a landlord - Anonymous1 decade ago
Pardon me, but these new potential tenants sound flaky. Return the deposit and find someone else who has a sense of direction.
