Holding Interest Deposit still non-refundable if tenant refuse to sign lease?
Accepted an applicant and received a non-refundable Holding Interest Deposit for my rental. I asked if he would consider a two years lease and he said he would after he inspect the maintenance repairs.
He did an interim walk-thru while the work is half way completed with his brother. Beforehand he told me his brother and his brother’s young daughter will live with him for a year. I told him his brother will need to go through the same credit and background check, and along with an increase of the rent for one year. After the one year term with his brother moving out I can revert the rent back to the original rent amount. He did not want an increase at first and then he offered $90.
I am thinking $200 more and since I had never done such lease contract before I had to do some research. Before I could even give him a reply he called and told me he was not interested to rent the place any more because the rent is too high. He threatened to go to a lawyer to collect his non-refundable hold deposit. Within 15mins he called back and said he would rent the place.
My first question is if he would not sign the lease because of any one thing on the contract can I still keep the Holding Interest money?
My second question is if he agrees to the rent increase for the extra people for one year, how to go about handling the lease agreement.
Thank you all in advance to assist me with this situation.
-Mary