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Updated over 6 years ago on . Most recent reply

User Stats

23
Posts
8
Votes
Stephen Spearman
  • Investor
  • Clemson, SC
8
Votes |
23
Posts

Newbie Landlord Question tenant security deposit who breaks lease

Stephen Spearman
  • Investor
  • Clemson, SC
Posted

Good Afternoon,

Seeking advise on how to handle a tenant who was supposed to move in tomorrow and has already paid the security deposit, but is now asking to break the lease. My wife and I are house hacking with a property and transitioned from the apartment attached to our home being an Airbnb, to a tenant, in hopes of a more passive investment. We had an lady and her daughter scheduled to do the move in walk through and receive the keys  and is now asking to break the lease because her dog was hit by a car today and can no longer walk up the stairs to the residence. Not saying the tenant is lying, but in the phone conversation she told me she already had the utilities and everything transferred in her name...so I called to confirm this and the utilities were still listed under my name. So the tenant lied about the utilities part, so I am assuming she is also lying about her dog being hit by a car trying to break the lease. I am going to allow her to break the lease because it is a house hack and I share a wall with the tenant and am not trying to have the next year be problem after problem, but how much of the deposit and fees should I return to the tenant?

She paid: 

$800 security deposit

$200 pet fee

$800 in Decembers rent

$293 prorated rent for November

and $250 for furniture from the Airbnb she wanted to have purchase

I know legally since the lease is signed I can force her to honor the lease, but with it also being beside my residence, I do not want to have a year of a tenant who is already lying and causing issues. How much should I return of the deposit? I was thinking of returning everything except the prorated rent from November because she is causing us to have to go through all the work of screening and filling the vacancy again. 

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