What to do if we received the security deposit for a soon-to-be tenant, who now wants to back out?
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What to do if we received the security deposit for a soon-to-be tenant, who now wants to back out?
We did not sign any lease yet. She is supposed to move-in in just a few days. We are now without anyone to move in (since after selecting her we rejected the other interested candidates already). She wants us to return her security deposit. However, doesn’t she lose the security deposit because she’s backing out and we need it to cover the month until we find someone else to move in now?
Asked on December 27, 2012 under Real Estate Law, California
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
So long as your soon to be former tenant did not sign a lease for the unit to be occupied but has advised you that she does not want to occupy the unit, you are obligated under the laws of all states in this country to return her security deposit for the property immediately.
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