Landlord Question and Answer Forum
I have a tenant that has not moved in yet but already signed the lease and gave me a $1300 security deposit. She then changed her mind and is not moving in and want the deposit back. According to the lease she is not entitled to the money if she breaches the contract before the move in date. I told her I would give her a portion of the deposit back if I am able to find a new tenant soon. She has stopped payment on the check and now I am out $1300. What kind of legal recourse do I have or do I have to just let it go?
Leah B, CO on Thursday, March 10, 2016
RE: Tenant in breach of lease Colorado
I would first check your state statute regarding keeping a deposit prior to the move in date. I would be incline to say that the lease is not in effect until the first day of the lease, so there is no breach of contract. You could then check into a small claims court filing, but from my experience, judges tend to side with the tenants when it comes to keeping deposit money,if there is any question involved.
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