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Security Deposit with breaking lease

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Mountainlife

Junior Member
What is the name of your state? Colorado

I posted our condo for a one year lease. We had immediate response from several people and I showed it to the first person who responded (tuesday). She said she was 90% sure she wanted it. I told her to think about it and get back to us in a day. She did, and signed the one year lease the following Saturday along with a $500 security deposit. I encouraged her to thoroughly read the leaset. She signed and left deposit. I mailed her a copy of the lease the next business day.

The following Tuesday, she wanted her boyfriend to see the condo, so I changed my schedule to meet them after work. She was on time, boyfriend was :45 late.

Thursday she called me at work to ask if we could lower the rent. Seemed like a strange thing to request if you already signed the lease. I explained that with one month free, she was actually paying less than $650/month. She left me a voice mail at 5:30pm that night stating her deep regret that she was not moving in. She requested her $500 deposit returned. Our lease agreement is worded at such: "Tenant shall pay a security deposit of $500.00 (or $650.00 with pet deposit) to be returned upon termination of this Lease and the payment of all rents due and performance of all other obligations."

I called her back to tell her that we did not feel right obligating her to fulfill the entire $7100 for the year lease but that we were keeping the security deposit. To no surprise, she was not happy and then left another voicemail stating, "if you are going to keep my $500 deposit, I might as well move in."

2 questions:
1. Verify that we can keep the $500 deposit for her breaking year lease one week after signing;

2. Would the saved voicemail be sufficient enough to not let her move in? Or do I need her to sign another document stating she is not going to move in?

It's been 3 days since I've heard from her and I have tried to contact her. I do not want April 1 to arrive and her to expect to move in.

I would like to advertise soon to actually find someone who meant to sign a year lease...

Thanks.
 
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ENASNI

Senior Member
1. Verify that we can keep the $500 deposit for her breaking year lease one week after signing;
I believe you are justified.

2. Would the saved voicemail be sufficent enough to not let her move in? Or do I need her to sign another document stating she is not going to move in?

I don't really get these questions. I mean I get them... but let's move on to the next question, shall we.



[
QUOTE]I would like to readvertise soon to actually find someone who meant to sign a year lease...
I am sure you would, but you are kinda stuck with eachother.

Eiither be stuck with this tenant who sounds like a real peach, or return the security Deposit and get rid of her!
 
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Ohiogal

Queen Bee
Mountainlife said:
What is the name of your state? Colorado

I posted our condo for a one year lease. We had immediate response from several people and I showed it to the first person who responded (tuesday). She said she was 90% sure she wanted it. I told her to think about it and get back to us in a day. She did, and signed the one year lease the following Saturday along with a $500 security deposit. I encouraged her to thoroughly read the leaset. She signed and left deposit. I mailed her a copy of the lease the next business day.

The following Tuesday, she wanted her boyfriend to see the condo, so I changed my schedule to meet them after work. She was on time, boyfriend was :45 late.

Thursday she called me at work to ask if we could lower the rent. Seemed like a strange thing to request if you already signed the lease. I explained that with one month free, she was actually paying less than $650/month. She left me a voice mail at 5:30pm that night stating her deep regret that she was not moving in. She requested her $500 deposit returned. Our lease agreement is worded at such: "Tenant shall pay a security deposit of $500.00 (or $650.00 with pet deposit) to be returned upon termination of this Lease and the payment of all rents due and performance of all other obligations."

I called her back to tell her that we did not feel right obligating her to fulfill the entire $7100 for the year lease but that we were keeping the security deposit. To no surprise, she was not happy and then left another voicemail stating, "if you are going to keep my $500 deposit, I might as well move in."

2 questions:
1. Verify that we can keep the $500 deposit for her breaking year lease one week after signing;

2. Would the saved voicemail be sufficient enough to not let her move in? Or do I need her to sign another document stating she is not going to move in?

It's been 3 days since I've heard from her and I have tried to contact her. I do not want April 1 to arrive and her to expect to move in.

I would like to advertise soon to actually find someone who meant to sign a year lease...

Thanks.
See if she moves in -- did she get the key? Even if she doesn't move in, until she gives you written notice per your state's landlord laws, she is your tenant. You keep her deposit and ask her for the rent for the month. Do a proper eviction if she doens't pay. then try to rerent. she owes you for the rent until you do rerent.
 

Who's Liable?

Senior Member
I think you're in a pickle Dick...

You have to legally allow her to enter the apartment because you have a valid legally binding lease with her. There is NOTHING you can do to prevent her from moving in UNLESS she agrees to NOT move in and BOTH of you sign her off of the lease. Make sure to get it in WRITING!

She on the other hand has a legally binding lease that prevents her from not paying rent. If she fails to pay for said unit, you will need to go through the proper channels per your state's LL/T laws to evict her...

It may be prudent for you and her to sit down and talk about terminating the lease... I would suggest keeping at least $100 for re-renting issues, and hand back the rest...
 

klyncher

Member
As a landlord myself I would recommend that you do whatever NOT to keep her as a tenant. Big sign that you may be having issues with this possible tenant is when she requested that you LOWER the rent !!! Financial problems???
Furthermore, you didnt really start out on a good note with her (regarding the deposit which I believe you're entitled to keep), so she might make your landlorship a living hell just to spite you.
SHe has to pay you for first rent prior to moving in, so what I would do is simply continue showing the apartment to potential renters and if you find an eligible applicant simply send the girl a notice to pay the rent (1st month) ASAP and to confirm that she is indeed moving in. She might just be considering cutting her losses or inquiring about her legal rights in regards to the deposit (who knows)
If you dont get a response or she doesnt pay you at least days prior to occupancy then you could assume she might not want the apartment. You havent heard from her since and thats not a good sign. IF you're able to get a tenant to replace her, then simply deduct your expenses and return the balance back to her in good faith. Although she has signed the lease and paid a deposit , I wonder if she's legally allowed to enter the unit without paying 1st month rent??Thats usually paid prior to occupancy/advance before you get the keys. I cant imagine a deposit being sufficient for occupancy. I would suggest to add a clause in your lease to cover these issues in the future. I certainly will. Good Luck!!!!!
 

Mountainlife

Junior Member
Lease follow up

Thanks all for the replies. I have sent her a certified letter requesting written response to terminate the lease. If she fails to comply to the letter, I believe I have sufficient evidence to not allow her to move in. I specifically addressed my legal right to go after the entire year's worth of rent if she fails to sign the letter but still wants to terminate the lease. But, should she chose to move in April 1, I still don't have the rent and have that against her. either way I think I'm covered.

Thanks again.
Colorado
 

ENASNI

Senior Member
Huh?

Mountainlife said:
Thanks all for the replies. I have sent her a certified letter requesting written response to terminate the lease. If she fails to comply to the letter, I believe I have sufficient evidence to not allow her to move in. I specifically addressed my legal right to go after the entire year's worth of rent if she fails to sign the letter but still wants to terminate the lease. But, should she chose to move in April 1, I still don't have the rent and have that against her. either way I think I'm covered.

Thanks again.
Colorado
Yo... Rocky Mountain High... I do not get your logic? She has a written lease signed by both of you. She might just come on this board and write to us saying.

Dear Freeadvice. I have a written signed lease for a place. I gave a deposit and did not want to move in. They would not give me the deposit so I decided I had to move in.

Now they are writing me that I can't move in and I have to pay a year's rent AND I can't have my security deposit... are they HIGH or what?



Could you explain where you think your rights are?
 

klyncher

Member
Mountainlife,

I'm assuming you're going to threaten suing her for the full yrs rent is a tactic to make her sign your agreement not to take the apt??? If so, Enasni is correct you cant prevent her from moving in and then sue her for not paying the rent. You're better off just getting rid of her but the right way which is confirm if she's going to pay you the 1st rent or not??? DId you give her any keys?? I hope not. Does your lease provide a 5 day grace?? she might use that as an excuse for not paying as yet. But the big question is does she still have a VALID LEASE without paying the 1st months' rent in advance ???? How so??
 

Mountainlife

Junior Member
First of all, she wasn't smart enough to cancel payment on the security deposit so I doubt she will write to Freeadivce.

My rights, as well as hers, are clearly stated in the lease. The lease specifially says the deposit will not be returned if the lease is not fulfilled. Period. It's clearly written. There is no arguing that point. I was not the tenant that willy nilly signed a lease and then one week later flaked. Once you sign, I'm assuming you are going to at least start the lease. She had 4 days to think about the lease prior to signing it, which is more than enough time. In hindsight, I should have continued to show the condo, but chose not to. My mistake. However, on her word she said she wanted the condo.

My tactic in "threatening" to sue is simply for her to realize that we are being nice in not pursuing further legal action and to clarify for her why she does not get her deposit back. I didn't care if she moved in April 1,, but I need in writting from her that she's not so we can find a new person. My opinion is that she never intended on moving in and will stay with her boyfriend (bless his patience) but signed a lease anyway without thinking about legal ramifications.

These are the options:
(1) She sign the lease termination and lose her $500.
(2) She move in April 1, with $650 rent, deposit returned in one year.

am I missing something? I simply need to know what she's doing because she won't return my phone calls.

And, NO, she does not have any keys.
 

ENASNI

Senior Member
These are the options:
(1) She sign the lease termination and lose her $500.
(2) She move in April 1, with $650 rent, deposit returned in one year.
As my hero The Fonz says Exactamundo!

am I missing something?
Nope, it seems I was. :eek:

I simply need to know what she's doing because she won't return my phone calls.
Very frustrating !!!! :mad:

And, NO, she does not have any keys
Good!


Let us know what she does do.


Good luck!!!
 

Mountainlife

Junior Member
Pursuing legal action

March 21 she was sent a certified letter containing the lease termination agreement, which stated in so many words why we were keeping the security deposit and not going after the full lease amount. She has not picked it up, and this morning, my bank account is $500 less. I guess she actually did stop payment.

Now we're out the security deposit which covered most of April's rent. I have reposted the condo, but haven't found anyone as of yet. I am at least rid of her as a tenant, but we are going to file a claim in court for April's rent.

I'm assuming now a judge will likely make her pay for April's rent of $650, plus the $10 I got charged for the stop payment on my account!! Is this process worth it? i'm 99% sure the law is on my side since she never moved in, broke the lease, and then stopped payment on deposit!
 
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ecmst12

Senior Member
I think you can actually now go after her for the deposit AND every month's rent until you find a new tenant. You were being nice; now you get to not be nice and feel justified in not being nice :)
 

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