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Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 33093
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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We have a rental apartment. New tenant gave us first and last

Customer Question

We have a rental apartment. New tenant gave us first and last months rent, June and her last month. She never moved in and on June 20 told us she couldn't. Now she wants both months rent back. Is she entitled, I don't think she is, I could have rented the apartment to a few other people.
Submitted: 2 years ago.
Category: Landlord-Tenant
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question.
Before I answer a bit more detail would be helpful please.
Did the tenant sign a written lease?
Thank you.
Customer: replied 2 years ago.
No, it was verbal and we have text messages saying that she will move in in June, then on June 20 she said she can't move in
Expert:  Loren replied 2 years ago.
Thank you for the additional information.The tenant is month to month and you are entitled to one month's notice if they are terminating. Therefore, you can keep one month's rent and they should get the other month's rent back.
Customer: replied 2 years ago.
Even though she did not give her notice until the end of June? No way can I have it rented by July, that's why I was going to take last months rent for July.
Expert:  Loren replied 2 years ago.
When was she tendered possession of the premises?
Customer: replied 2 years ago.
We told her she could move in June first. She never took the keys, she kept putting off when she could move in.
Expert:  Loren replied 2 years ago.
If she never took possession then one month is all you can keep.
Customer: replied 2 years ago.
Should we offer her half or wait till she takes us to court. I don't think she will except half.
Expert:  Loren replied 2 years ago.
Tell her to come in and pick up the unused rent. When she comes ask her to sign a receipt. If she refuses to take it then wait to be sued. That is all you can do, other than just send her a check for the unused rent.
Best regards.

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