Landlord Question and Answer Forum

Please let me know what I can do in this situation of the flaky tenant...I have made exceptions in order to accomodate this person & now she is telling me a week prior to moving in that she may (not totally sure) be fired from job so not sure if she can move to place. She has two small dogs the HOA only allows 1 dog per unit. She provided me with a signed leased and a check for the deposit - we agreed that once she was approved with the 2 dogs she would give me cash (& I would return the check). I received the approval and asked for the money...now, she is telling me a week prior to her move in date (which she moved backed from the initial date) she is not sure if she can because of her job insecurity. I asked for the money and she told me that she would have it by move in date but if I find someone else she would understand. I told her that I have held on to the unit for a month waiting for approval for her dogs and pushed back move in date that she would have to forfeit her deposit. I'm in a situation because the check she provided me I can't cash because the funds are not in the account...at this point I'm at her mercy. What recourse do I have? Can I go to a small claims court?

If she has signed the lease, she is obligated by it's terms. Some states will obligate a tenant (depending on the lease language) to the entire term. The landlord under these circumstances has a "duty to mitigate damages". This means that you must prove that you have done everything within your power to re-rent. Unfortunately, this tenant seems a bit wishy-washy in her desire to take the rental or not. Have you received a deposit at all on the rental? I think I would go ahead and have her put in writing that she is willing to forfeit the rental unit as well as any deposits and that she is responsible for any months that the rental unit remains unrented. Try and re-rent immediately to minimize your loss. Consider yourself somewhat lucky because it sounds like this could have been much worst had she already moved in. Good luck!

Posted by Donna , NC on Tuesday, September 27, 2011