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  1. #1

    Angry Tenant Signed Lease, Wants Deposit Back

    My question involves a security deposit in the State of: North Carolina



    My question is, if a Tenant signs a lease and pays the security deposit but never actually moves in because they can't afford the rent without government assistance, are they eligible to receive full deposit back? Or are they in breach of the signed legally binding lease agreement? The property has been held for these tenants with no rent paid and are still wanting to move in for free. Will not give them the keys to the property until full months rent is paid and now they are demanding the security deposit back, what is my legal standings? Can I keep the deposit for back rent?

  2. #2
    Join Date
    Oct 2009
    Posts
    10

    Default Re: Tenant Signed Lease, Wants Deposit Back

    Quote Quoting jdpeterson82
    View Post
    My question involves a security deposit in the State of: North Carolina



    My question is, if a Tenant signs a lease and pays the security deposit but never actually moves in because they can't afford the rent without government assistance, are they eligible to receive full deposit back? Or are they in breach of the signed legally binding lease agreement? The property has been held for these tenants with no rent paid and are still wanting to move in for free. Will not give them the keys to the property until full months rent is paid and now they are demanding the security deposit back, what is my legal standings? Can I keep the deposit for back rent?
    They signed the lease, gave a deposit,and tenants not getting goverment assistance is not your problem. I would not give keys to them till rent is paid. I would send a certified letter to them stating they were in breach of contract by not paying rent due and that security money was used for rental of property, and putting new ad in paper. Indicate that if a new renter moves in within the month, the security deposit will be pro-rated. Than wait for a response. During this time I would seek other renters on keep them on hold.

  3. #3

    Default Re: Tenant Signed Lease, Wants Deposit Back

    We have and they keep talking lawsuit, I'm not scared of them, they seem to be the kind of ppl who abuse government assistance anyways. The woman admitted she'd been on Section 8 for years, however she's been cheating the government because she claims she is unemployed and only has her name on the Sect. 8 papers but her boyfriend that lives with her pays all the expenses. If they knew he was living there they wouldn't give her the assistance so I wonder if we could use that if it comes down to it because our signed lease has both parties names and signatures on the lease. We can't find anyone to move in that doesn't want to use Sect. 8 so we won't be renting it out unless we can find someone who can pay in full. I don't understand why people who want to use government assistance want to live somewhere they can't afford. We ask $1100.00 for a 2300 sq ft home. I understand everyone deserves to live in a nice place but if you can't afford it don't give people the run around.

  4. #4
    Join Date
    Mar 2008
    Posts
    1,995

    Default Re: Tenant Signed Lease, Wants Deposit Back

    We don't give the tenants the keys till they paid the deposit PLUS the first months rent. I don't know if you wrote this into your agreements, or you have a separate move-in procedure that they agreed to and signed. My move-in procedures calls for the deposit, and rent to be paid by "money order", not bouncing checks, and then, the keys are delivered.

    Generally, you are within your rights to demand a months rent before move-in, and most if not all agreements on deposits says the "deposit cannot be used for rent", by the tenants that is. The landlord however, is allowed to use it to offset rent that is not paid.

    Usually, deadbeats that I know somehow manage the deposit, the first months rent, (why not after you stiffed the last landlord 6 months) and only stiff you for a few months after that, getting free rent, before they get thrown out. Looks like this deadbeat is in worst shape that most, so it would be cheaper for you to handle the lawsuit, if there is one, than to let them move in, and squat for free.

    If they mention lawsuit again, tell them to go ahead and sue, and you'll be forced to bring up the fact they cheated section 8. You have the money, they don't, and the only thing they can do right now is yell "lawsuit".

  5. #5
    Join Date
    Jun 2009
    Location
    California
    Posts
    666

    Default Re: Tenant Signed Lease, Wants Deposit Back

    Quote Quoting jdpeterson82
    View Post
    My question involves a security deposit in the State of: North Carolina



    My question is, if a Tenant signs a lease and pays the security deposit but never actually moves in because they can't afford the rent without government assistance, are they eligible to receive full deposit back? Or are they in breach of the signed legally binding lease agreement? The property has been held for these tenants with no rent paid and are still wanting to move in for free. Will not give them the keys to the property until full months rent is paid and now they are demanding the security deposit back, what is my legal standings? Can I keep the deposit for back rent?
    At this point, I recommend that you don't let them move in under any circumstances. The damage that this type of people tend to do to a property is far more expensive than letting the property sit vacant and collecting no rent. And, if you do let them move in, they'll probably at best pay for a month or two and then sit there rent free trashing the place while you try to evict them.

  6. #6

    Default Re: Tenant Signed Lease, Wants Deposit Back

    They're definately not moving in, we told them if they couldn't pay the rent then no keys. That's why we're holding the deposit. We just wanted to make sure we were not in the wrong with keeping it. And that's exactly what we feel would happen as far as the damage they would cause to the property if they were to move in. The problem with Section 8 is that is gives way more protection to the tenants and makes it much harder to evict them. I'm just glad we signed the lease prior to any Sect. 8 papers and there was no inspection, the tenant called and canceled it, again wasting our time and money.

  7. #7

    Default Re: Tenant Signed Lease, Wants Deposit Back

    Ok so today we get a letter from an attorney's office saying the the defendant(ex would have been tenant) is demanding for their security deposit back. Why do these types of ppl(Section 8) that use and abuse government assistance always have to cheat everyone and expect everything for free. Now I'm not a racist but I am a white woman in the south and especially in eastern NC the blacks will all throw the race card in your face because they're supposedly suppressed from slavery. Don't even get me started. My ancestors are Irish and were used as indentured servants when they first came to the US. Anyways, they are the extreme majority of who uses government assistance for EVERYTHING. This woman lied to the attorney saying we refused to allow her to move in and won't give her her money back, but yet failed to mention that she signed a lease in Aug, that was to begin Sept. 1 and had yet to pay any rent. So I guess my question now is, is there any way she could win since this apparently is now going to court?

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