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Updated about 3 hours ago on . Most recent reply

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15
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8
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Harish M.
8
Votes |
15
Posts

Tenant Signed Lease, Paid Deposit, Now Wants to Cancel - Seeking Advice

Harish M.
Posted

I'm dealing with a tough situation and could really use some advice from those with more experience.

I had a new tenant sign a lease for my property. They paid the security deposit and rent was due at move-in. The lease was fully executed and signed.

Then, he said he will move in after 10 days. On day of move-in they reached out and said they found another (free) place and want to cancel the lease. Since the move-in date has passed and they are technically in breach of contract, I believe I am entitled to the rent and other fees as per the lease terms.

I'm looking for some guidance on how to best handle this.

  1. What are my options here? Should I proceed with a Notice to Pay or Quit?
  2. How do I handle the security deposit they've already paid? Can I use it towards the missed rent?
  3. Does anyone have a referral for a good landlord-tenant law attorney in WNY area?

Any advice or similar experiences would be a huge help. Thanks in advance!

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