Should I return the deposit and first months rent?

Should I return the deposit and first months rent? by Tawnya (TX) on July 20, 2012 @17:21

I moved to CA from TX in January and my house was for sale, however with the market being so bad I decided to rent in June. I asked the real estate company to manage the property for me, however they never sent me a contract. When they found and subsequently signed a lease with a renter, they sent us the contract. However, there were terms that were not agreeable within the contract and we asked them to change and they did, however before we could send the contract back there was a problem with the renters. They had sent a laundry list of things they wanted taken care, including a new or repaired dishwasher, that we did agree to and therefore I wanted to go over their lease with them personally. Upon sending an email asking to contact the renters, the real estate agent became incredibly defensive about what was in the lease therefore sending some big red flags to me, which only made me want to look at the lease that much more. Turns out the tenant does not want to speak to me directly, which also sent up some red flags. I sent an email stating that we had not signed a contract with the real estate company and wanted to go over the lease with the tenant to make sure all terms were agreeable by both tenant and myself. Upon receiving this email the tenant accuses me of trying to cut out the property management company and sign a lease with them directly, which was not my intentions. So they tell the real estate agent that they no longer want to rent the property and want their money back since the lease they signed was invalid. I have feeling they were having "buyer's remorse" (thus the laundry list of demands) and I supplied them with a loop hole to get them out of their lease. My question is, am I legally obligated to return their first months rent and security deposit. I feel they have put me in a bad spot and they don't deserve the money back, but I will return it if I am legally obligated.

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Re: Should I return the deposit and first months rent? by Jake on July 20, 2012 @18:29	[ Reply ]

Return the money and get away from the "management" company. If you live 1500 miles away you are in no position to do otherwise. The property manager will fill your rental with deadbeat friends and relatives who will not pay and trash the place. It is what all property managers do.

Re: Should I return the deposit and first months rent? by Brenda on July 21, 2012 @11:26	[ Reply ]

Why in the world would you proceed with a property management company that failed to send you a written contract for services they are to provide? A licensed, accedited company would be sure to have a signed contract before doing anything. Did you do a background check on this company first before you trusted your home to them? You have no agreement with the property management company and no lease with the tenant and you feel that you are entitled to both the rent and deposit! You could face charges of grand theft in this situation, you have no legal standing at all in this mess. Return the monies.

Re: Should I return the deposit and first months rent? by Anonymous on July 21, 2012 @11:45	[ Reply ]

You will be best served by simply returning the money and washing your hands clean of all of these people. Trust me, you don't want to get served out of state should the tenant decide to sue. Consider it a dodged bullet and take the lesson learned.