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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27248
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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I have just accepted first and security deposit for my

Customer Question

I have just accepted first and security deposit for my property that I was going to lease to someone.
She signed it but I did not.
I found out that she has a criminal record and I do not want to rent to her. Am I legally bond to rent to her?
do I have a limited amount of days that I can get out of the agreement?
Thanks, Robin
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 10 months ago.

Good morning. Did you not perform a background check ahead of time? Did you ever ask her if she has a criminal record?

Customer: replied 10 months ago.
Unfortunately I did not
Customer: replied 10 months ago.
I did not sign the leave, however
Customer: replied 10 months ago.
Expert:  RealEstateAnswer replied 10 months ago.

Thank you for the reply. If you presented her with the lease, she signed it and returned it and you accepted it, along with her deposit and first months rent, she can argue there was a legally binding contract and your failure to sign was in bad faith, since she accepted your offer. Of course, if you do not want to rent to her at this time, after discovering it, you could return the money and advise of the same Then, the burden would shift to her to try and sue you for the breach and damages, but there is no way of knowing if she would. Absent language in the lease that would allow either party to cancel the lease within X number of days, it could be viewed as binding.

Expert:  RealEstateAnswer replied 10 months ago.

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