Security Deposit Holding Deposit

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LALA11

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I was helping my sister rent out her home in Georgia, I traveled over 300 miles to show the house to a prospective lessee and prior to showing, the ad that was listed on CL clearly stated what the terms were to move into the house 1 months security and last and first rent, as well as stating that we would consider negotiating with a qualified applicant the rental fees. My sister, my mother and I drove to Georgia and met this person along with other applicants. This person saw the house and the conditions of the home in broad daylight and loved it! She even talked about having her wedding in the back yard. I asked her if she was certain that she wanted the house, she said yes and asked what was next as did the other prospects whom were interested.

I explained the credit and background check to which each applicant is responsible for paying for, she agreed. The credit checks and background are done from Transunion Smartmove, after she completed the checks, I informed her that she was accepted, she was thrilled, and asked what was the next step, I again asked her if she was sure that she wanted this home, again I had other prospects, she said yes and asked if I could take it off the market and not show it because she wanted it and wanted to show it to her boyfriend, this concerned me because I have been in that situation where the boyfriend comes in the picture and then the young lady changes her mind and then I have to again do the same steps of finding qualified tenants.

This lady asked me to accept a deposit to hold the home and not show it, I was fine with this because she knew that if she changed her mind after the boyfriend looked at it or not, it was NON REFUNDABLE. So to sum it up, she sent the hold deposit and then called me to say, that she wanted to move her furniture and other stuff in the house while she traveled during the holidays and move in February, well this is December and January to move your things in the house would be to pay for January rent and February when you move in. Some how she got Amnesia and said no, I said January move in not February, I and my sister said no, you clearly said that you were traveling for the holidays and that you were still on a lease until April, 2015 and that you could not afford to pay for two places and storage. During our conversation, I informed her that after talking with my sister that she did not want to wait until February, she wanted someone in there ASAP and she went crazy saying that she was not moving in February but January 15 but she thought she could put her things in this house because of the hold deposit. I tried to be professional and cordial and then I get THREATS from the boyfriend to come to where I live, 300 miles away and do me harm, also she put a FRAUD ALERT on CL about this situation and called one of my Broker's in New York. I work for myself and my business is in good standing, what can I do about this situation? I was willing to give her HALF the deposit back but now with the slandering of my name, the threats from her and her boyfriend, I think I do not owe her a thing especially since I stopped showing the home which could have been rented already. I do have an Attorney however I am curious to see what answers I get here. Should I give her back anything?
 
As an attorney myself, I am barred ethically and legally from providing you with additional legal advice or interfering or disturbing the relationship with your attorney of record.

I suggest you follow the advice of your attorney, or hire a new attorney.

I am going to stay far away from this.

Have you not heard about too many cooks spoiling the broth?

As far as threats, always report threats and all violations of laws to the police or the proper law enforcement agency. Law enforcement will investigate and act accordingly.

Merry Christmas.
 
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Army Judge,

Thank you for your response and actually yes, I have heard that before and I will (lol) but at the same time, I did my job in the manner I was suppose to and thank God for text messages. I do appreciate your comment. I will also contact the proper authorities as well.

Merry Christmas to you and yours as well!
 
Army Judge,

Thank you for your response and actually yes, I have heard that before and I will (lol) but at the same time, I did my job in the manner I was suppose to and thank God for text messages. I do appreciate your comment. I will also contact the proper authorities as well.

Merry Christmas to you and yours as well!

Yes, from what you've reported, you did nothing improper or illegal.
You tried to help someone, and she was scamming you.
The old: "Can I move my junk in and just store it there until Date XX arrives?", or, "I'm traveling to the south of France and won't get back for three months, so give me the keys now and I'll have my stuff moved in for when I return."

There are a million variations on that "con", the essence being the scammer wants the keys and once the scammer has the keys, only an eviction will get them gone.

As far as any more rent money, deposits or so much as a thank you, nada, nothing will ever be forthcoming from their empty coffers!

You see, giving them the keys allows them to occupy. You do that at your peril.

It also shows the scammer you are weak, kind, desperate, or foolish when they "con" you out of the keys.

They have no intention of paying you more money, and your only option is to evict them.

That stalling tactic buys them, on your dollar, three, maybe four months of rent free living!!!!

If the question is ever asked in the future, simply politely decline and advise them to investigate nearby, storage facilities.
Those facilities will store a person's junk for 30, 60 days, no questions asked; just pre-payment in FULL.

If a potential tenant can't do that, they probably can't (or had no intention to) pay rent!
 
Thanks so much, I don't feel guilty because I know that had I given her the keys or allowed her to move her stuff in December or January she would have taken possession and on top of that she was still under a lease somewhere else until April of 2015. So she would have probably tried to hold this against me until April, no way was I going to allow this. Much appreciated! I do so agree with you fully.
 
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