Start a new topic

tenant withdrew move in date wants partial deposit back

I require full security deposit and first months rent upon lease signing..., the tenants asked for an arrangement where it would be paid upon  move in.. they signed the lease, and gave me $1,600 to hod te property until their move in 2,5 weeks later when tehy would give the remaining $3,600...well..well..welll  4 day sto move in they asked if they could move in and stay for 1 week then pay the security deposit remaining owed, and pay the 1st months rent 2 weeks later... i refused as it brought up red flags..they have boxes in the place so i told them to please remove teh boxes and their belongings sincethe  movein will not take place, they ased me upon move out of teh boxes in the house, they want their full $1600 returned.  They forget i have incurred loss wages due to turning down 7 wanna be renters because of them, and i now have to relist my property ....do they deserve their deposit back is my question??? they signed their part of the lease by email.

20
20
Here is what I use when the lease is signed._______  Receipt of Holding Fee _____________________________________  This receipt is acknowledgment of receiving $1950 Holding Fee from XXXXXXXXXX  (Applicants) to hold the rental Home at the following address:  xxxxxxxxxxx, Chesapeake, VA until September 1st, 2018.  _______________________________________  If the home is not available at the agreed upon date the landlord will make a full refund of the fee without interest, and with no liability or penalty to either party.  This Holding Fee will be applied to the security deposit when Applicant Pays 1st month's rent and takes possession of the above-described Home.   If Applicant fails to pay 1st month's rent and/or take possession.   The landlord may deduct any additional costs to find a new tenant from the holding fee including but not limited to: advertising,  realtor fees, and the pro-rated cost of vacancy.
Really I think they should get nothing back.   But I think you need to return anything left after you deduct your expenses for relisting, marketing, realtor fees you might pay, and a and a prorated daily cost for having the property vacate.
Login to post a comment