tenant breaking lease & wants deposit and rent back : ezLandlordForms

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Erin B

started a topic almost 15 years ago

the tenant told us she wanted to rent our rent house mid December 09. she fills out an app. we said yes then she asks if we can hold the house until Feb. 1st when her other lease is up. We told her she had to pay the 550 deposit by Jan. 1st for us to hold the house. She paid $200 cash dec. 20 and 325 on Jan. 5th when she signed the lease. we offer a 25 discount for early payment and I guess she thought it applied to the deposit too. The same day she signed the lease she asked if she could put a bed in the house. we said okay then when she went to start moving in at the end of jan she said it was gone. I helped her make a police report the next day. Then she called my husband said she didn't feel safe and didn't want to move in. We decided to just let her go and keep the dep/rent. she sent a written demand for both the deposit and rent! We couldn't contact her for several days then we get served for small claims. Now she wants the deposit $525/rent $525/money for the bed $1000. HELP

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Denise S

said almost 15 years ago

You said that she signed a lease. When you say " you just decided to let her go and keep the deposit" - was this via a written agreement or was it a verbal one or just kind of implied. I would contact an attorney. At the least, unless she has concrete proof that you stole the bed; I do not see how she can hold you responsible. As far as all the deposits and rent.......depending on what your lease says, I would imagine the judge would go by that. GET AN ATTORNEY!

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Erin B

said almost 15 years ago

i meant that we wouldn't sue her for the remainder of the lease. The lease stated 30 day notice is required after the one year lease ended. Although she had not previously accused us of stealing the bed she is obviously making an attempt to hold us liable. I don't see how she can hold us liable if she signed the lease before moving it in the house. Wouldn't that fall under renters insurance? I guess my question is this: since we held the house for her thru Jan. requiring only the deposit and didn't charge rent until Feb. when she could move in can we apply the deposit to Jan. since she broke the lease?