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Gerald-Esquire
Gerald-Esquire, Other
Category: Landlord-Tenant
Satisfied Customers: 4180
Experience:  30 Years of experience.
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If you have a tenant that has pd. aa security deposit but

Customer Question

if you have a tenant that has pd. aa security deposit but not ppd you rent cant the landlord back out of agreement. and give the renter her depoit back? this lady is a worry wart lady. I just don't want to rent to her.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: written agreement.lease is for a yr.
JA: Has anything been filed or reported?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: the landlord and the tenanet has signed the lease.
Submitted: 2 months ago.
Category: Landlord-Tenant
Expert:  Gerald-Esquire replied 2 months ago.

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald-Esquire replied 2 months ago.

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If the tenant has not yet taken possession of the property and you have not given her the keys you can try to cancel the agreement. If she is not in the unit then you do not have the normal eviction issues that you would normally have.

BUT she could sue you for damages IF she has to pay more rent for a comparable apartment elsewhere. This does not mean that she would sue you - BUT she could.

It is very unlikely that the tenant could force you to lease the apartment to her. There are provisions for what is called "Specific Performance" but they are fairly difficult to prove in a rental situation.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald