Lease signed but tenant never submitted deposit

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Thomas TalbertBusiness Member

Property Manager · Austin, TX · Member since 2024 · 96 posts · 71 votes

1mo

We see tenants trying to pull stunts like this all the time. In this specific scenario I would continue to Market the property. Tell the tenant that as well.

Something to the effect of "The security deposit is due At least signing. Since you have not Submitted your security deposit there is no consideration And that makes our lease null and void. I will Continue to market the property and accept other applications until you have given me the security deposit."

hope this helps

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4 Reply

Jim Johnson

Real Estate Agent · Memphis · Member since 2026 · 546 posts · 316 votes

1mo

I don't think you're being overly suspicious. The unpaid deposit is one issue, but going completely silent after signing is what would concern me more. I also wouldn't assume the utility transfer means everything is fine.

With the move-in date approaching, I'd:

Send one clear written communication stating that the $2,500 deposit required by the lease hasn't been received and ask her to contact you immediately.
Keep copies of every attempt you've made to reach her.
Don't hand over keys or access just because September 4 arrives without first confirming what you're legally required to do under the signed lease.
Before treating the lease as terminated or offering the property to someone else, have a Florida landlord-tenant attorney tell you exactly what your options are.

I wouldn't spend too much time trying to predict whether she's going to break in. I'd focus on getting the lease/payment issue resolved correctly before move-in day so you're not making that decision under pressure if she suddenly shows up.

2 Reply

Jules Aton

MD/DC · Member since 2024 · 1k+ posts · 1k+ votes

1mo

I would also find out what remedy you have with utilities being put in her name.

Dan H.Pro Member

Investor · Poway, CA · Member since 2015 · 7k+ posts · 8k+ votes

1mo

When we sign the lease, we get a holding deposit that corresponds to how many days the unit is off market that is forfeit if the tenant does not move in. When they move in, this holding deposit becomes part of the full deposit. The tenant prior to move in pats the rest of the deposit plus the 1st month rent.

For example if the tenant wants the unit but cannot move in for half a month. They pay half the rent as a holding deposit. If they fail to pay the rest of the required money to move in, they forfeit the holding deposit. Prior to move in they pay an additional half month of deposit (for a total of one month deposit) plus the 1st month’s rent.

I had one person claim they did not understand the holding deposit rules when they backed out. When they saw the evidence that I was perfectly clear they withdrew their protest.

You need to protect yourself from both flaky and dishonest tenants. Hopefully this is not a costly lesson learned.

Good luck

Robert T.

OP

Tampa, FL · Member since 2015 · 46 posts · 21 votes

1mo

Update: Thanks everybody. So she still never sent me any response, but I got a notification from zillow that she withdrew her original application. So I'm going take this to mean that she wanted to withdraw from the lease but she didn't know how to do it so she decided to not respond to me was the best option. And me being pessimistic of people and disappointed in myself for making a mistake caused me to assume the worst. In the future I'll be more careful about getting the deposit first before I sign the lease.

2 Reply

Janice Carter

Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 605 votes

1mo

@Robert T. I would definitely take these red flags seriously. Was this tenant thoroughly screened and who is scheduled to conduct the move-in inspection with her? Ideally, the move in inspection, lease signing, security deposit and required rent should all be handled together before keys are released. Since the security deposit was not paid as required by the lease that could potentially constitute a breach of the lease depending on its terms and applicable law. Given the lack of communication, it may be best not to proceed with this tenant but I would get legal guidance before attempting to terminate the signed lease. If you are a new landlord, I would strongly recommend hiring an experienced leasing agent to help you properly screen and secure a qualified tenant.

Robert T.

OP

Tampa, FL · Member since 2015 · 46 posts · 21 votes

1mo

@Janice Carter

She was not as thoroughly screened as I typically do.

It was told to me by an attorney that being she never submitted a deposit, the lease is null and void.

I have no intention of continuing with her, nor does she seem to want to continue.

Janice Carter

Real Estate Broker · Atlanta · Member since 2024 · 1k+ posts · 605 votes

1mo

@Robert T. That sounds like the right decision, especially considering the red flags and lack of thorough screening. Good luck in finding a qualified tenant.

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Drew SygitBusiness Member

Property Manager · Royal Oak, MI · Member since 2012 · 12k+ posts · 9k+ votes

1mo

CHANGE YOUR PROCESS!

Why would YOU sign a lease BEFORE getting any money?

Best-case - you get prospective tenant to sign lease, but you do NOT sign until they've paid first month's rent + SD!

Better:

Require a nonrefundable Holding FEE (NOT deposit) equal to one-month of rent and they can sign lease, but you only sign after utilities transferred and SD paid.

Keys are still only handed over the day the lease Start Date.

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3 Reply

Ashley B.Business Member

Specialist · Washington, DC · Member since 2026 · 35 posts · 19 votes

1mo

First never sign a lease until payment has been received! In my business I have a retainer and a contract. Both are signed by the client, payment is sent and once I receive it then I sign the conntract and send the copy.

You're not being overly suspicious, you're just noticing a real gap between signed and committed, and that gap is exactly where problems tend to start. A signed lease with an unpaid deposit is a soft commitment, not a locked-in one. The lack of response since signing (no reply to texts, calls, or email) combined with her scheduling utilities is a mixed signal it suggests intent to move in, but the total silence on payment and communication is the part I'd take seriously. People who intend to follow through and are just busy usually still respond to at least one channel.

I'd continue to market the property and send one clear, dated written notice (email, so there's a timestamp) stating the deposit and first month's rent must be received by a specific date, or the lease will be treated as not in effect due to non-performance, and possession will not be granted. That protects you either way if she pays, you're moving forward with a paper trail showing you handled it properly; if she doesn't, you have clear documentation that she failed to satisfy a condition of the lease before it's a fight about someone entering property they were never given keys to.

The break-in concern is worth taking seriously precisely because you're right that once someone is inside and claiming tenancy, even without paying, it can turn into a drawn out eviction/squatter issue rather than a simple non-issue. For a little insurance here change any smart locks or codes if applicable, and don't have utilities transferred or anything else that implies possession was granted until payment clears.

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Adam BartomeoBusiness Member

Real Estate Broker · Cape Coral, FL · Member since 2015 · 2k+ posts · 1k+ votes

1mo

We have written into the lease that if any payments are not received by the deadlines that the "Landlord" can cancel the lease without notice. Why would you evict someone who hasn't paid or taken possession of the property? It is not necessary. The eviction is to remove them.

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Kyle MccawBusiness Member

Property Manager · Keller, TX · Member since 2011 · 1k+ posts · 1k+ votes

1mo

Do not hand over possession, and do not stop marketing, until certified funds actually clear.

An e-signed lease with no deposit is not a finished deal. If you already signed it, talk to a local attorney before you send a "lease is void" letter. Once both parties signed, "null" is a legal conclusion, not a text you get to declare. The practical move on our side: keep the unit secured, keep it listed, require the deposit by cashier's check or wire before keys, and put in writing that move-in does not happen without funds.

The Duke Energy account is a yellow flag, not proof they can break in. If they were ever given a code or key, change it. If they show up without possession, do not argue on the porch. Treat it as trespass and call your attorney the same day.

You are not being overly suspicious. You are missing funds that were due at signing.

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2 Reply

Jimmy LieuBusiness Member

Real Estate Agent · Columbus, OH · Member since 2019 · 3k+ posts · 2k+ votes

1mo

Quote from @Robert T.:

Hi,
On 8/21/2026, both me and the tenant e-signed a 1 year lease(apartments.com standard lease) for a SFH. Her move-in date is 9/4/2026. In regards to the security deposit, the lease mentions "Resident agrees to pay a Security Deposit equal to $2,500.00 on/or before signing of this Lease.".
After we signed the lease, I mentioned(via text) submitting the security deposit. She never responded and its now been a few days and she still hasn't submitted the deposit. Since the lease was signed, every text, email, and call she has not responded to. I noticed that shortly after the lease was signed, she scheduled Duke energy to start service on 9/3/2026. So I would assume she intends to move in, but I'm not sure what to do with the fact that she has not sent her deposit yet(nor first month's rent). I obviously wouldn't give her the keys if she hasn't paid, but I'm concerned she may try to break in on 9/3/2026 and then I would have to go through the process of evicting her. Am I being overly suspicious? Any advise on what I should do?

Great question, Robert. I wouldn’t assume she plans to break in, but the lack of communication combined with an unpaid deposit is definitely something I’d address before move-in. Since both parties already signed the lease, I’d be careful about unilaterally treating it as canceled without first checking the lease language and your state/local law. I’d send a clear written notice stating that the $2,500 deposit was due under the signed lease, identify what other funds are due before possession, and give her a firm deadline to respond and cure the issue. Keep copies of every text, email, and attempted call, and don’t provide keys or access until you’re legally required to and the required move-in funds have been handled. If she remains unresponsive, I’d have a local landlord-tenant attorney review the lease before re-renting the property or taking any action that could be viewed as terminating it.

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