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Deposit

I have some tenants that want to give me deposit for a property they will move into in a 45 days... what is the best wat to word this deposit ? I'm looking for this to be non refundable due to me having a  vacant  property while I wait for them to move in. Can I make it non refundable? Should I have them sign lease right away or can I write up a statement about it being non refundable and have them sign?
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