12/13/2007 tenant paid deposit to hold apartment and paid first month's rent in Alabama. Move in, walk through and lease was set for 01/05/2008. However, tenant got mad because he was not allowed to move in early as the apartment was still being cleaned.

However, former tenant was allowed to break lease as a result of his hold deposit and first month's rent that was paid. Since I had a new tenant, which paid the hold deposit and prorated rent from 01/05-31/2008, I allowed the former tenant to break the lease since they were behind in rental payments. (07/01/2008)


Two days before the apartment was ready, he decided he wanted all his money back.

Now I can't go after the formal tenant for rent. How should I handle the rental payment and deposit?

Hello faye:

You say the lease was "set". Does that mean SIGNED? If so, you keep his rent and his deposit. You apply them both towards the rent until you find a new tenant. If that happens before his money runs out, then you owe him the balance back. If it happens after his money runs out, you can sue him for the difference.

Even if he DIDN'T sign the lease, you can keep the first month rent, as he is considered a month to month tenant. He gave adequate notice to vacate when he told you he wasn't moving in. Since you rented it for a month, and he didn't do damage, he gets his deposit back.

You can explain all this to him in a letter sent certified, return receipt requested to the address you have on his application. I'd hand him a copy too.

excon