Backing out after giving deposit

[Marita Jojo]

We put the apartment for rent and one family applied after the background checked were fined paid security and first month rent. The lease was to be signed soon but now saying need more time to move that means we loose rent or give the money back. We will loose the rent either ways what can be done when nothing is signed ?

[Nathan Gesner]

Originally posted by @Marita Jojo:

We put the apartment for rent and one family applied after the background checked were fined paid security and first month rent. The lease was to be signed soon but now saying need more time to move that means we loose rent or give the money back. We will loose the rent either ways what can be done when nothing is signed ?

If it's not too late, tell them there's a penalty. Hold the funds until a new renter is found. If the original renter was supposed to move in 6/1/2021 and you find someone else to move in on 6/15/2021, withhold 15 days of rent to cover your losses and then refund the remainder. If you tell them this is the penalty, they probably will accept it. Even if they don't, they are extremely unlikely to take you to court over a half a month of rent when they know they were in the wrong.