Landlord Question and Answer Forum

I have a tenant that never came by to pick up the key and later told me she changed her mind and moved in with her sister. I was not given an address. She also wanted her deposit back. Later a lawyer send a letter and I responded withing 30 days. Now she has filed in small claims court. Where do I stand legally? Daniel

Did she sign a lease? If not, did she at least have a receipt stating that the deposit was being applied to the security deposit or rent upon move-in and that if XXX did not move in, then the deposit would be forfeited? If thhis is the case, then you most likely have MUCH ammo and will be favored in front of a judge. Even if you gave her a verbal agreement of this and end up in court, many judges will see that she did not act in good faith by leaving you hanging until last minute. You never know these things until you get in front of a judge, but you have a loss of rental income and now have expenses to find another tenant. I think I would even at least speak to an attorney a counter suit.

Posted by Donna , NC on Thursday, July 28, 2011