renting part of your home?

Question

On10-30 I rented a I bedroom apartment to someone. They wrote me a ckeck for nov. rent and 1 month security. post dated the check for move in day 11-3. The nite before move in day he calls and cancells. meanwhile I paid for another rental add in the paper and have turned away 10 people that wanted to see it after renting it to him on 10-30. Can I keep the nov. rent. Can I charge him advertising fee from security. There was no lease yet, to be done on move in day. there were no keys exchanged. And violating verbal agreement, can I keep security

Answer 1

I'm not so sure that I agree with those folks who say you have no claim. You had an agreement with the tenant, even though it was not in writing. The checks he wrote were evidence of the agreement. You suffered damages. You are obligated to do your best to try to re-rent the apartment, but if you suffer a loss because he backed out at the last minute, as seems likely, I think you have a claim to keep some of his money. Ultimately, it's a question only a lawyer can answer, but I wouldn't be so quick to return his money. The worst he can do is take you to small claims court, and you would either win or lose. I would offer to make a deal with him in which you keep some money and return some to him. He doesn't want to have to take you to court to get his money back.

Answer 2

if nothing was signed and agreed to you are outta luck.always have a signed agreement stating what is going on. i have things written in about renting like 30 days notice and if they fail to rent clause. once signed it is a legal contract. always best to tie things up just in case. live and learn

Answer 3

I'd say no. No one signed anything (which was stupid - you could and should sign the lease and deposit your money before move in). Just learn from your mistake and move on.