Tenant Paid First Month's Rent and Deposit, Didn't Move In, Asked for Refund
My question involves landlord-tenant law in the State of: Florida
I showed the house to a young woman on Nov 14. She decided she wanted to rent and since she lived out of town, and was leaving town that hour, wanted to pay in full, so she could move in later that week. She paid me 1st month's rent plus deposit. I gave her temporary receipt and two sets of keys. She left saying she would be back with her things a few days later on Friday.
There were some minor repairs to be done plus the swimming pool to be cleaned. We agreed the pool would only be cleaned after she moved in so she could maintain it. I listed the minor repairs, none of which would prevent anyone from occupying any part of the house, in the lease. I emailed the lease to her right away and spoke to her a couple of times over the following week. Meanwhile my handyman went to the premises with me, after I informed the tenant we would be going in and she gave me permission to do so via text.
She turned on the electricity in her name. I am not sure what she did about the water, as it had been on previous to her taking over tenancy.
Everything got done except for the pool as the pool guy and I arrived at the opinion that cleaning it with her gone and the house empty was throwing good money after bad as it may very well have to be cleaned again depending on how long it took for her to move in. I informed her of this - got no response.
On December 2, late at night, I emailed her explaining about the pool, asking her to let me know when she got back to town, reminding her I still had not received the signed lease which she had promised, and also asking about the half month's rent which was due Dec. 1.
On Dec 4, she called. Says she is no longer moving in and wants her money back. I was upset, flustered and said I needed time to process what she told me but my immediate response was since she had "possession" of the house for 19 days thus far, I felt I was entitled to 2 weeks notice (since she had not yet signed the lease) and I could not refund her money. She told me she had hired "a lawyer" and would wait to hear from me.
She said since she had A. not signed the lease and B. not moved in she should get it all back.
Any comments or advice?
Thanks.
Re: Tenant Paid First Month's Rent and Deposit, Didn't Move In, Asked for Refund
Did she provide a reason for changing her mind? What was the agreed lease term?
I expect that you could argue that you had an oral rental agreement, commencing on December 1. It would be helpful to have some additional information.