Landlord Question and Answer Forum

I had a tennant sign a 1 year lease 2 weeks prior to there move in date, he gave me security deposit to hold the place and was going to give me the first months rent 2 days prior to moving in. The total cost of rent for one year is $15,000. He called me 3 days prior to that saying he can't move in now because he is losing his job in 5 months and wants his deposit back. What options do I have?

A landlord may use the security deposit as a reimbursement for the reasonable cost of repairs beyond normal wear and tear, if the tenant damages the apartment, or a reimbursement for any unpaid rent. Your tenant is bound by the lease terms.

Posted by Donna , NC on Friday, February 3, 2012

If he signed a lease, he has to give you WRITTEN notice that he's changed his mind. Assuming that he never had possession of the unit, there should be no repair cost. However, he may be responsible for advertising costs, and loss of rent until a new tenant moves in. Get that written notice. Without it, he may still have a claim to the unit.

Posted by Bob R, CA on Friday, February 3, 2012

Thanks for the advice, we settled the issue. The problem is he just decided to not move at last min, and like you said everything has to be written notice with a min of 30 days. I made an early lease termination addendum and we agreed on a early termination penalty. So now I can re advertise without worry about the lease I had with him.

Posted by Chris V, NY on Friday, February 3, 2012

There should be more thoughtful Landlords like you. Concrats on your negotiations.

Posted by Bob R, CA on Friday, February 3, 2012

Thanks for the advice, we settled the issue. The problem is he just decided to not move at last min, and like you said everything has to be written notice with a min of 30 days. I made an early lease termination addendum and we agreed on a early termination penalty. So now I can re advertise without worry about the lease I had with him.

Posted by Chris V, NY on Saturday, February 4, 2012