Tenant never moves in after holding apartment do they get their 1st month rent back

[AmandaS123]

I had a women come and look at my apartment, she gave me 1st month rent and sec deposit. She then came back on the 1st of the month and took the key. Two days later she called and told me she didn't want the apartment. It was a verbal month to month agreement that we made. Now she wants her money back. Can she sue me for the 1st months rent? I am holding that from her

 

[Duranie]

She can try to sue you but she probably will not win. You are though required to try and re-rent the place aka "mitigating your damages". She broke the contract to move in. If you can prove you tried to re-rent it then you have a good chance of winning. She can threaten to sue you all she wants. If she serves you paperwork then you have to respond.