Tenants dilema, please help - Landlord Forum thread

Tenants dilema, please help by Amy in NY (NY) on July 1, 2012 @23:32

I have a rental unit, recently a set of tenants paid security deposit and a first months rent, they were to bring me the copy of the signed lease on move in the next day. On that day they informed me that they cannot move in and want their money back. pleading, threatening ... etc.
They did pass the screening, and their landlord gave a very positive review (although, he may have been trying to get rid of them??)
Anyway, how much money am I obligated to return to them. I assume that if they paid rent, they are automatic month to month, even if they didnt sign my lease.. Or not? Thanks in advance. NYS

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Re: Tenants dilema, please help by Katiekate (New York) on July 2, 2012 @07:10	[ Reply ]

If this was only one day between taking the money and them deciding to not move in..then you need to give them back all the money. I judge isn't going to see that you had any damages at all (one day!) As long as it is a short time (a few days), a judge will still see that you really didn't have any damage. I am confused about your procedure. You signed a lease and then let the tenant have the original? they were supposed to get a copy for you? huh? I never sign the lease until the very last thing. AND..I make the copies and return one to them. This only happens the morning of the move-in after I get all the rest of the money and the walk-thru is done and signed. If I am holding a unit for a tenant..then I am very careful to give them a receipt that clearly states it is a 'reservation deposit' and will not be refunded if they change their minds......but...still....One Day! A judge will order you to give them their money back