Fickle tenant applicant and their non-refundable deposit

[aliusa]

What is the name of your state (only U.S. law)? New York

So two weeks ago someone gave me non-refundable deposit to hold the house. Last week, they told me they no longer wanted the place but may in the future. Yesterday they called me and said they were interested in the house again and want to sign a lease.

Question:
1. Can I still show the the house to someone else who I have scheduled since the other person pulled their rental application and forfeited their money
2. If I do sign a lease with the original applicant does the $200 get credited or did they forfeit their $200?

Thanks,
Aliusa

 

[BL]

What is the name of your state (only U.S. law)? New York

So two weeks ago someone gave me non-refundable deposit to hold the house. Last week, they told me they no longer wanted the place but may in the future. Yesterday they called me and said they were interested in the house again and want to sign a lease.

Question:
1. Can I still show the the house to someone else who I have scheduled since the other person pulled their rental application and forfeited their money
2. If I do sign a lease with the original applicant does the $200 get credited or did they forfeit their $200?

Thanks,
Aliusa

When would have been the move in date ?

 

[aliusa]

When would have been the move in date ?

That's the other thing... originally Sept 15, then Sept 21, now Oct 1 when he called yesterday. I forgot to mention, last week he originally was ready to sign a lease. So I drove 300 miles to sign the lease but then he changed his mind.

So I'm a bit unsure about this person's commitment.

Note: The lease has Oct 1 as the date with a pro-rated move-in date of earlier.

 

[BL]

That's the other thing... originally Sept 15, then Sept 21, now Oct 1 when he called yesterday. I forgot to mention, last week he originally was ready to sign a lease. So I drove 300 miles to sign the lease but then he changed his mind and said he doesn't want to move in now.

Well , if I were you I'd tell him NO .

Sounds like a lot of trouble to me.

Are you an out of town absent landlord ?

Go ahead and rent it to someone who is reliable and passes pre move in checks.

 

[Searchertwin]

What is the name of your state (only U.S. law)? New York

So two weeks ago someone gave me non-refundable deposit to hold the house. Last week, they told me they no longer wanted the place but may in the future. Yesterday they called me and said they were interested in the house again and want to sign a lease.

Question:
1. Can I still show the the house to someone else who I have scheduled since the other person pulled their rental application and forfeited their money
2. If I do sign a lease with the original applicant does the $200 get credited or did they forfeit their $200?

Thanks,
Aliusa

If you give the place to the original applicant, the right thing to do is credit the $200.00.
If shoe was on the other foot, what would like to have done to you?

 

[FarmerJ]

Considering the way NY state rental laws are and all the red flags If it was me , Id call it off, Ill lay odds this tenant would be a HUGE pita.

 

[aliusa]

If you give the place to the original applicant, the right thing to do is credit the $200.00.
If shoe was on the other foot, what would like to have done to you?

Morally speaking I agree. But legally speaking.... he caused me possible tenants.

 

[Silverplum]

Morally speaking I agree. But legally speaking.... he caused me possible tenants.

So very Q4P.

 

[FarmerJ]

If tenant changed mind I would have no problem with suggesting that the tenant would owe something Id suggest its alot cleaner for you to be the one to take the stand that tenant changed mind and you wont allow this wishy washy crap of they want it then they dont then they do. It appears you really dont have alot of so called damages here and previous prospective applicants can be contacted again as well as doing new advert. ( a huge problem I have with so called non refundable deposits are that some LLs who go that route have not gotten the advice of a atty as to how to word this non refundable deposit so it wont bite them in the tuchis ) If your going to refuse to rent to this one then Id suggest keeping one hundred and refunding the rest , WHY because you live in a tenant friendly state and every thing you do with LL tenant relations not only needs to be in writing but very very well defined , other wise you risk that a court may not see eye to eye with you and find for a prospective tenant if you are taken into court.