If the tenant has not signed the lease agreement, then they are not bound by the terms of the lease and cannot be held responsible for breaking the lease. Therefore, the obligation to refund the rent payment will depend on the specific circumstances of the situation and the language in the payment agreement.
If the payment agreement explicitly states that the payment is non-refundable, then you may not be obligated to refund the rent payment. However, if the tenant can provide evidence that they were misled or deceived in some way, they may have a case to receive a refund. For example, if there was miscommunication or confusion about the terms of the lease agreement, the tenant may have grounds to request a refund.
It's important to carefully review the payment agreement and any other communication with the tenant to determine the best course of action. If you are unsure of your legal obligations, it may be advisable to consult with a lawyer or a local housing authority.
*ezLandlordForms is not a law firm and our services are not a substitute for the advice of an attorney.*