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Re: Lease signed but no security deposit received - Landlord Forum thread 317768

Re: Lease signed but no security deposit received by Anonymous on April 21, 2014 @18:30

                              
Oh boy, you done messed up royal. No, you cannot consider the lease void.

Since your tenant has a signed lease and he also has a receipt for both the security deposit and the first months rent, and the keys, he is entitled to stay there.

IMO, you have three options:

Hire a lawyer.

File an eviction with the court since he did not pay you any funds. You will have to go to court and prove to the judge that you received no funds. Make the tenant provide you cancelled checks, or funds transfer, or deposit tickets to your bank that proves you received funds.

Hope he doesn't move in and go to court to regain possession of the house. This will take some time. He has possession. Better hire a lawyer, IMO
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Re: Lease signed but no security deposit received by jannie (IL) on April 21, 2014 @20:01 [ Reply ]
No keys change hands until the date of the move in - We sign the lease with a date of x. At lease signing I receive first month rent and the SD deposit. I never give keys until the actual move in.
If I were in your shoes since they haven't moved in I would first seek to protect my property - change the locks on the doors. 2. In my mind I wouldn't consider the contract valid as there wasn't any consideration they hadn't given me money. Oh just noticed, I must have missed something this post mentions about a receipt for rent/SD. I must have missed that in the OP; Yes if that was done get a lawyer experienced in LL/Tenant ASAP

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