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Just to be clear, she signed a year lease but you allow a tenant to simply break the lease with a 30 day notice? In addition, does the lease or the promotion mention that you need to stay the full year/term of the lease, for the free month?
Thank you for the reply. In a situation like this, where the lease is month to month, you do take a chance that the tenant does something like this and if they paid the deposit, which was a condition to the free month and paid the deposit and now do not want to take possession, they could cancel and terminate the lease as long as they gave the 30 day notice prior the start date. The free month should have been given only AFTER X amount of months, not at the start but at this time, it is best to just tell her she can break the lease and walk away and do not need to move in, so you can rent it to someone else and it does not need to sit idle. Since she is not moving in, there is no need for the 30 days if you can not make any money from it.
Based upon what you shared, Yes. I say this because there were no damages suffered. You provided a free months rent once the security deposit was paid and it was applied to the first month and the tenant gave the 30 day notice prior to the lease starting, so they terminated it before the second month. As such, there appears to be no basis for the claim. based upon what you shared above. If you are going to hold them to the 30 days, the deposit would need to be refunded after but if you just want her to leave, you can offer to refund it if she simply vacates.
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