What is the name of your state (only U.S. law)? North Carolina
I've only had this happen once before and I returned the deposit, but that was when the tenant called me back NEXT DAY. This woman has had me on the hook for two months.
She came in June to look at the place, filled out an application and gave me the full security deposit. I emailed her the lease and she was supposed to sign it and fax it back to me. She did not but I wasn't too concerned because she was all over the country with funerals and things.
I suddenly had another interested tenant, AND I knew another unit was coming open this month. I called her and asked if she would prefer to delay her tenancy by one month - I would rent HER space to the new person and she could have the other unit as of the first of this month (September.) It would save her a month's rent and she wasn't ready to move yet (from another state.)
She said yes. I said I will send you a new lease. I did. She never faxed it back, although she has said she thought she did. I sent it again, same thing. This morning she asked, via text message, "how will I move in if someone is in the unit?" I said they will be out as of the 28th.
She just now texted me again and said she is not coming her job fell through.
Now what? It's a few days before the first - I will be out a full month's rent if she doesn't move in, I don't know if I can find a new renter that fast!
Am I allowed to keep her security deposit towards unpaid rent?? I'm really unclear as to the law at this point!
I've only had this happen once before and I returned the deposit, but that was when the tenant called me back NEXT DAY. This woman has had me on the hook for two months.
She came in June to look at the place, filled out an application and gave me the full security deposit. I emailed her the lease and she was supposed to sign it and fax it back to me. She did not but I wasn't too concerned because she was all over the country with funerals and things.
I suddenly had another interested tenant, AND I knew another unit was coming open this month. I called her and asked if she would prefer to delay her tenancy by one month - I would rent HER space to the new person and she could have the other unit as of the first of this month (September.) It would save her a month's rent and she wasn't ready to move yet (from another state.)
She said yes. I said I will send you a new lease. I did. She never faxed it back, although she has said she thought she did. I sent it again, same thing. This morning she asked, via text message, "how will I move in if someone is in the unit?" I said they will be out as of the 28th.
She just now texted me again and said she is not coming her job fell through.
Now what? It's a few days before the first - I will be out a full month's rent if she doesn't move in, I don't know if I can find a new renter that fast!
Am I allowed to keep her security deposit towards unpaid rent?? I'm really unclear as to the law at this point!