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Tenant backing out of lease

3,076 Views | 9 Replies | Last: 3 yr ago by NoahAg
NoahAg
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A few weeks ago a couple asked if I would hold my unoccupied rental for 2 weeks until they moved out of their current place. After vetting them out and going through the background checks I agreed and we executed a lease agreement for them to move in on 6/28. They also paid the security deposit.

Yesterday, they sent word to their agent who contacted our agent that they want to back out. They included a story about one of them breaking a leg. Now, I think it's BS and they just want to stay where they're at (I know they're current landlord wanted them to stay).

It seems clear that Texas property code states I have no obligation to return the deposit another suitable/acceptable tenant is found AND moves in by 6/28. Clearly that's not gonna happen.

Anyone else deal with a similar situation? Trying to see if I'm missing something. With an executed lease I don't see how they can come back for the deposit. I don't feel bad about keeping it considering I held it for them when I had three other prospects who submitted applications.

CS78
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Simple one. Keep the deposit. If they complain, remind them that they also owe you 12 months rent.
Mucho austin
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AG
Yep.

Legal document. Deposit is yours. They owe you until a new tenant is placed. (If you feel like pursuing it)
evestor1
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This may sound cynical, but never believe if fall into the excuse game.

I often get 500 word texts about brothers cousins dog ate a cat that actually stole the rent check when their aunt died.

...go to their Facebook and you see then buying a new pit bull while driving a new 4-wheeler.
NoahAg
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Thanks y'all
COSCAG67
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AG
Yep, they signed the lease and owe you the entire amount. Time to be an adult.
VonDaMan
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AG
I've had rental property over the years. Keep the deposit and move on.
oklaunion
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We bought our first rental property back in the early 80s and the very first couple who wanted the house said, " we are going to Mexico to give out bibles for 5 months so it will be that long before we move in." Fine, do you want to pay the rent up front or have someone locally to pay it each month? " Well, can you just hold the house for us till we get back and we can start the rent then?"
bay fan
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S
Where is the property?
OldArmyBrent
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AG
Keep deposit. Send them notice that based on the definition in the lease, they have vacated and you have deducted reletting fee and unpaid rent (amount and number of months depends on notice period defined in lease). You will likely deduct more than the total deposit And they'll still owe you some amount, but you can just tell them you'll call it square if they agree to walk away.
NoahAg
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OldArmyBrent said:

Keep deposit. Send them notice that based on the definition in the lease, they have vacated and you have deducted reletting fee and unpaid rent (amount and number of months depends on notice period defined in lease). You will likely deduct more than the total deposit And they'll still owe you some amount, but you can just tell them you'll call it square if they agree to walk away.
Almost forgot about this thread. ^That's essentially what we did. Sent a letter stating we're keeping the deposit and also said we're entitled to come after more for $$ for rent, expenses, etc. for the time it would take to find another tenant. Ended by telling them they can walk, we're keeping the full deposit and calling it even.

Fortunately we quickly had 3 others wanting to move in and the new tenants moved in over the weekend.

bay fan, it's in the Katy area.
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