Tenant put down a deposit to hold apt but have bedbugs!

[Gina K Vallone]

Prospective tenants put down a nonrefundable deposit to secure an apartment. Nothing signed just texts agreeing. Good references but started asking to buy the 3 beds in the unit so I get red flags! Called their landlord and she admitted it but the tenants were not upfront. I'm in Erie county n.y is it enforceable to refund though it's no fault of mine and I'm losing a month putting it back on the market? Ty gina

[Karen F.]

I completely understand you.  You absolutely do NOT want to rent to these people!  Or to anyone else who comes from this address.  It's very, very difficult to get rid of bedbugs in a multifamily, because it's very difficult to get every household to comply with prep and "sleep safe" precautions.  And they absolutely WILL inadvertently bring in bedbugs with them in their possessions, even if they come without furniture.

So, you have an implied contract with them, because you took their money.  You now don't want them, for a reason that you can't really defend, but that would make your unit potentially worthless.  Give them all their money back immediately, including their application fees, every penny you took from them, and tell them that the unit is not ready for occupancy.  No more details, no more contact.  Take the unit off the market immediately.  If it was in need of anything, do it now.  Paint, flooring, whatever.  Then put it back on the market, and just ignore their numbers if they call.  Save their numbers in your phone as "bedbug" and never answer their calls.

You cannot break the contract and keep their money too.