Getting Rid of a Tenant Before They Move In

[Kevin Feltner]

I have a tenant that is set to move in on March 1, still he is not responding to my phone calls and texts. I am fairly certain that he will not be available to move in on the 1st and/or pay rent. As it stands now, he has paid a security deposit but no rent.

If he does not pay rent on the 1st, would I be able to immediately find a new tenant and keep in security deposit in lieu of rent for the month of March? I will not be able to find a new tenant until at least April 1.

[Account Closed]

If you have a signed lease, then the tenant is required to give you 30 days notice to move out (even if he never moved in). So, you should be able to keep his security deposit in lieu of rent. If it is for more than the first month's rent, then send him back the difference and just re-rent it.

I call my security deposits a "non-refundable holding fee" that holds the unit until move in. At move in, it automatically converts to a refundable security deposit. If they don't move in, I keep it.