Tenant Changed Mind After Signing Lease

[bartznc]

Location North Carolina

We have an electronicly signed application that states the applicant will sign a 12 month lease if accepted. We also recieved a $50 application fee. They were excepted, there were two applicants, a girl and her boyfriend. The girl signed the lease and gave us a security deposit. The boyfriend was out of town and could not sign the lease, but said he would when he came to town. Two days later they changed their minds. I had already turned people away and removed advertising. I have since re-rented it but a month after they were supposed to start their lease, so I'm out one month rent. I tried to deposit the security deposit check and application fee, but she had already canceled the check so it was returned to me unpaid. I'm wondering if I have cause to collect the money for the rent, the cost of the canceled checks on my account and any legal fees.

The only issuse I can think of is that I had not signed the lease (I'm not in state) and her boyfriend did not sign it yet either.

Is her signature on the application and lease as well as the security deposit enough?

 

[Gail_in_Georgia]

Yes; you could probably sue them for the one month of rent that you lost (in addition to the cost of the cancelled checks and legal fees for filing). But you need to think if this would be worth your time and trouble to do so. Even winning a judgement is no guarantee that you will ever see any of this money.

Gail

 

[jharris352]

I would keep the security deposit and look for a new tenant.

PS: Yes they may complain and may even sue you for the security deposit. You can give it to them if they do and avoid having to go to court if you don't want to make the trip. I think at best if they sue you they will get a portion of the deposit back. Keep it, or better make them a deal to forgo half the deposit and do an agreement in writing. Be fair but get something.

 

[bartznc]

She canceled the security deposit check and the check for the applicaiton fee before they cleared my bank. New policy all deposits are cashiers checks but for now I'm out a months rent and $50 ap fee. It cost me that much to do the background checks. I can't believe she canceled that check too!

 

[jharris352]

She actually did something illegal. You can only stop payment on a check if the money has not been earned. The app fee was earned. I would send he a letter and tell her that if she doesn't pay up you are not only going to sue her for the lease you are going to take a warrant for a bad check.