they paid their deposit for the unit and it is the 12th of july and they havent moved in or paid their rent for july and now they want their deposit back. what rights do i have to not give it back since i lost an entire month's worth of rent. i am in arizona.
2006-07-12 14:20:32 · 12 answers · asked by anginfla 3 in Business & Finance ➔ Renting & Real Estate
we had a trial run written agreement that said they would pay $400 deposit and $200 prorate for July. The document clearly stated that since it was a trial run they were to pay the $200 from July 7th to Aug 7th and the deposit minus 100 would be refunded upon clean and good condition of the unit should they decide not to stay. we did this because of the size of the unit and they wanted to make sure it would work for them. So it also stated that if either the stay or move, an answer would be provided to me no later than August 1st so that the correct lease and such can be signed and the normal rental rate of $400 would be paid by August 7th. So I cut them a $200 break on rent from July 7 to Aug 7th and the deposit minus $100 non refundable. So since they never moved in and never paid the $200 I am assuming that they are in default of the trial run lease that we both signed and therefore I can keep this without worry. The man seems to think differently and was actually threatening
2006-07-12 19:28:47 · update #1
Did they sign a lease? Did you get an application? If so, let those documents guide you. If not, I'd keep the deposit under the common law 30 day notice requirement, and bill them for the balance of the month's rent if you don't re-let it by the end of the month.
The deposit held the unit. They didn't take the unit. They lose the deposit. Check with an attorney, but you're in a pretty strong position to keep the deposit.
Let them sue in small claims court. Then decide if it's worth your while to lose a day's productivity to defend yourself, as you'll probably win if you do.
Based on your additional information, I would say that you are entitled to the agreed rent for the month ($200.00) plus anything agreed to be non-refundable ($100.00) for a total of $300.00. In the interest of peace and harmony, you should refund anything else above that and chock it up to experience -- never give a jerk an even break.
If the threats are of legal action, that's OK. However, if the threats are of physical violence you should call the police immediately.
As always, consult with a local attorney for advice specific to your situation.
2006-07-12 14:27:20 · answer #1 · answered by Bostonian In MO 7 · 1⤊ 0⤋
Your lease holds your answer. No lease? A judge can, and may well settle it. But if they signed a lease and failed to perform you may have recourse on the period of time it takes to find a new tenant. In TN the tenant is liable only for the time it remains vacant, but the Lessor has the obligation to locate another tenant as soon as possible. So if it sits vacant 3 months they owe 3 months. But hey if they are dead-beats and it sounds like that is the case, you may be throwing good money after bad, so it may cost less to keep the deposit and let the rest go.
Hope it was a good deposit.
***Added in response to new info:
Your additional info states that this was not a lease. Your rights basically I would think therefore are limited. The question you now have to answer: is it worth going to court for? Cost of an attorney will exceed the deposit and, if you loose which you may well in absence of a lease, you're also out that. I'd give back the deposit since they clearly did not move in and consequently did not trash the place.
Chalk it up as a valuable, inexpensive lesson learned. And next time take a full blown lease, be clear in how the deposit is refunded and other terms therein. It may well pay you to have this property placed in the hands of a competent leasing company. You can still have input in the day to day operations and therefore the tax benefit as well as an active Lessor. But your likelyhood of similar issues will greatly deminish with a competent agent. They'll prepare the lease, conduct the interview, research credit worthiness, and do (or should) a general background check.
Since they clearly did agree to pay you the $100.00 as "non-refundable" regardless, I'd feel good about keeping that and taking your sweetie pie to a nice "graduation" dinner for the degree you just earned in leasing 101.
2006-07-12 14:27:06 · answer #2 · answered by hithere2ya 5 · 0⤊ 0⤋
Here is a good site for you to look at. I think wha tyou could do though is keep enough of the deposit to pay for the amount of time the place was supposedly the tenant's (July 1-12). Like a prorate thing. This sit edoes say you cankeep as much of the deposit as needed for repairs and other costs.
2006-07-12 14:27:15 · answer #3 · answered by carina_tx 1 · 0⤊ 0⤋
They forfeit their deposit. Legally you have to go to your city court to have the lease voided since they are legally entitled to occupancy and could theoretically take that option despite the fact they have not paid. I would refuse them keys, go to court, claim breach of contract and have the court void the lease. This way you are legally covered. I doubt however, that they would even know that they have the right to occupancy. Since they never moved in you can claim that it is a move in requirement that they have made all of the appropriate rent payments in advance of getting keys.
You are entitled to the deposit and they are idiots to flake on their contract and ask for it back. They would never be awarded anything in court. They are lucky you don't sue THEM for the entire committment of the lease.
Good luck!
2006-07-12 16:06:39 · answer #4 · answered by luxury6 2 · 0⤊ 0⤋
When was their deposit paid? You can deduct a daily fee for waiting and then return the rest. This will give enough to re-advertise. You can keep it if you want but why bother? Get rid of the clowns as quick as possible and find real tenants.
2006-07-12 14:46:44 · answer #5 · answered by bond_adambond 3 · 0⤊ 0⤋
Your mom ought to no longer were so trusting and enable them in without price of lease or deposit. No solid deed is going unpunished as they say. your in basic terms option now should be an eviction to remove the bleak, freeloading tenant continuously. something else you try will in basic terms fail and could finally end up dropping extra time in getting the biatch out.
2016-10-14 10:06:21 · answer #6 · answered by Anonymous · 0⤊ 0⤋
You get to keep the deposit and you can probably take them to small claims court and get them to pay the rent for July and possibly more.
2006-07-12 14:26:50 · answer #7 · answered by Jennifer B 5 · 0⤊ 0⤋
I dunno about the laws in Arizona but in NY if you told them they can move in in July you don't owe the deposit back! I'm a landlord in NY some people give deposits expecting to move in later!
http://www.total-knowledge.com/~willyblues/
2006-07-12 14:26:16 · answer #8 · answered by Anonymous · 0⤊ 0⤋
I woudn't think you would have to give it back......like above-that's why it's called a deposit. You need to check with your local LandLord/tenant laws/acts.
2006-07-12 14:24:57 · answer #9 · answered by send_felix_mail 3 · 0⤊ 0⤋
Keep it, that's why it's called a deposit.
2006-07-12 14:23:48 · answer #10 · answered by Anonymous · 0⤊ 0⤋