Help Tenant hasn’t given me security deposit

[Eddie Barillas]

Hi everyone,

I did something really stupid. I recently just bought our first duplex and living on one side. We just accepted an applicant and did the screening process. She signed the lease and I gave keys without the person giving us 1st month rent or security deposit( I know I’m really dumb idea and a mistake I’ll never make again). However, it’s been 3 days and she hasn’t given a security deposit or first months rent. She still hasn’t moved in any of her items.

Can I cancel her lease and get my keys back legally? In the lease, it says before signing the security deposit and rent is to be collected .

Any ideas, I really appreciate it

[Bill B.]

Spend $50-$100 asking a local real estate attorney if it would be legal for you to change the locks and give the tenant new keys when they give you rent and security deposit. You didn’t say when the lease begins if it hasn’t started yet you should be fine. If it has then you may be in a big grey area. 

I MIGHT be tempted to change the locks and then tell the tenant you found out the last tenant still had keys and you had to switch the locks. You’ll be providing new keys to them when they drop off first months rent and security deposit. (In the form of a cashiers check or bank draft obviously, unless they’re going to wait a few more days to move in.)