NewYorkNancy
Junior Member
What is the name of your state (only U.S. law)? NEW YORK
Early Last month I rented a house to a woman who'd recently moved to town & found employment. She signed the lease and gave me a deposit (which I put in the bank that day). Contract says she'd move in on 12/24.
A week later, she left me a message, saying 'call me as soon as you can.' She lost her job and was moving back to Michigan. She wanted her deposit back as she had lost her job prior to moving in, and hadn't lived in the house.
I spoke with my attorney, who told me that the contract is, of course, a legally binding document, even if she hadn't lived there. I told him that as soon as I found replacement tenants, I'd let her out of the lease and return whatever deposit was left (after deducting whatever rent costs she owed and utilities, which are the tenant's responsibility).
He said that's considered 'mitigation of damages,' and was fair.
Ex tenant filed with small claims court, saying that since she hadn't lived in the house, she should get her deposit back. In her claim she's pro-rated the rent from 12/24 till Jan 1, and hasn't included utilities.
I'll be in court on Feb 4. My argument is that she signed a 12 month lease, and I found tenants who moved in last weekend. As soon as she told me she wasn't moving in, I began looking for replacement. Finding someone who wants to move in took several weeks -- and, in short, she owes me rent for the time b/w Dec 24 and Jan 22 + utilities.
Please give me feedback on what, if anything, I can do to make my case stronger! I have the lease we both signed, and a record of the deposit, as well as the utility bill.What is the name of your state (only U.S. law)?
Early Last month I rented a house to a woman who'd recently moved to town & found employment. She signed the lease and gave me a deposit (which I put in the bank that day). Contract says she'd move in on 12/24.
A week later, she left me a message, saying 'call me as soon as you can.' She lost her job and was moving back to Michigan. She wanted her deposit back as she had lost her job prior to moving in, and hadn't lived in the house.
I spoke with my attorney, who told me that the contract is, of course, a legally binding document, even if she hadn't lived there. I told him that as soon as I found replacement tenants, I'd let her out of the lease and return whatever deposit was left (after deducting whatever rent costs she owed and utilities, which are the tenant's responsibility).
He said that's considered 'mitigation of damages,' and was fair.
Ex tenant filed with small claims court, saying that since she hadn't lived in the house, she should get her deposit back. In her claim she's pro-rated the rent from 12/24 till Jan 1, and hasn't included utilities.
I'll be in court on Feb 4. My argument is that she signed a 12 month lease, and I found tenants who moved in last weekend. As soon as she told me she wasn't moving in, I began looking for replacement. Finding someone who wants to move in took several weeks -- and, in short, she owes me rent for the time b/w Dec 24 and Jan 22 + utilities.
Please give me feedback on what, if anything, I can do to make my case stronger! I have the lease we both signed, and a record of the deposit, as well as the utility bill.What is the name of your state (only U.S. law)?