Landlord Question and Answer Forum

If a tenant sends a deposit for a property without physically viewing the property, Then changes their mind 10 days later without viewing the property 1.5 hours prior to the date and time the lease was to be signed. What responsiblity do I have as a landlord to return the deposit. Since I held to property for them I lost ten days of potential screening. Good karma tells me to just return the money but I'm curious what would have been my legal right in the state of OR

Since they did not sign the lease agreement, i would return the deposit and continue searching.

Posted by J D, CA on Friday, July 28, 2017

Consider having them give you a deposit equal to the security deposit to hold the unit. Have them sign an agreement stating that the deposit will be applied to them as their security deposit AFTER signing the rental agreement. State that the deposit is non-refundable and if they decide not to sign the rental agreement they forfeit their deposit.

Posted by Stan M, CA on Friday, July 28, 2017

Usually for my leases, I have them Sign as soon as I can get a pen in their hand and collect the deposits after... since you are not "securing" anything for them anymore, I think you have to give it back. I know that sucks to miss out on 10 days of potentials, But it sounds like you dodged a bullet on some needy tenants there.

Posted by Natalie H, MN on Monday, August 28, 2017

Natalie....please clarify what you mean by "collect the deposit after." Immediately after they sign or sometime in the future after they sign? Thanks

Posted by Stan M, CA on Monday, August 28, 2017