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  1. #1
    Join Date
    Jul 2007
    Posts
    4

    Question Do I Have To Return The Deposit

    Hello,
    I have a rental house that I advertised in the paper. Well , I agreed to rent this house to a couple from out of state. I sent them a lease they signed it and mailed it back to me w/ a deposit.
    Well come move in date they never moved in. 2 weeks later they contacted me via email and told me that they changed their minds and were going to stay where they were.
    So , for 2 months I turned down several people that inquired about the house under the assumption that I had it rented.
    So now the people want their deposit back.
    Is this fair? In my opionion they should be required to uphold the lease that they signed and especially lose their deposit.
    Any feedback is greatly appreciated.


  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Do I have to return the deposit?

    You don't indicate your state law, and landlord-tenant laws are different in each state. Typically, given that you had a signed lease, they could be liable for damages above and beyond the security deposit depending on how long it takes (or took) you to find a substitute tenant.

  3. #3
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Do I Have To Return The Deposit

    The lease is for Arkansas.
    There were no damages. They just signed the lease and never moved in.
    Also did not contact me until 2 weeks after they were suppose to move in.
    So the house is sitting empty now. I have turned away several interested tenants with the thought that it was leased.

  4. #4
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Do I Have To Return The Deposit

    This is her response to me after I emailed her telling her she owed me for the rent until I rented it out.

    stacie mcelwrath <staciewrath@yahoo.com> wrote: This is July 12th, I have still not had a response from you, or have I received a rent check.
    Please get back with us and let us know when we can expect to receive rent from you.

    Thank You
    Sincerely
    Stacie Mcelwrath








    You won't. You did not hold the house for two months. It wasn't even ready until after June 15th because of previous tenants. I thought there was still honest people in this world not greedy. As for the law on landlords and tenants, I am an officer of Macon County Court system, so I do know the law. Thank You. Now I suggest you please send back atleast the 350.00 or yes I can take you to court in either state. Your choice. Kathryn

  5. #5
    Join Date
    Jul 2007
    Posts
    4

    Default Re: Do I Have To Return The Deposit

    Here is my reply back to that.... Still no response from her.....



    Kathryn, Please do not mistake what I have said as being greedy. That is not at all how I want to come across. I am simply stating that We have turned down several people that were interested in the house b/c we trusted your word . So do not talk about honesty to me. You sent me several emails and called me several times saying that you were leasing the house.
    I also have a signed lease saying that you agree to pay $8,400.00. You are responsible for the whole amount. I am not asking for that. But , I am asking you to pay the installments of $700.00 until we do fill the house. Which I will then terminate the lease. Until then you owe what you agreed to.

    Sincerely,
    Stacie Mcelwrath

  6. #6
    panther10758 Guest

    Default Re: Do I Have To Return The Deposit

    You might want to go back and edit your post. You do not have permission of person your complainning about to post their email.

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