Updated 2 days ago on . Most recent reply
Tenant Signed Lease, Paid Deposit, Now Wants to Cancel - Seeking Advice
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.
- What are my options here? Should I proceed with a Notice to Pay or Quit?
- How do I handle the security deposit they've already paid? Can I use it towards the missed rent?
- 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!
Most Popular Reply
@Harish M. I’d rather not have a tenant who doesn’t want to be in my unit. I’ve found they deliberately sabotage the unit and the working relationship when they no longer want to be there.
At this point I’d probably keep the security deposit and just move on. It would be allowable in my jurisdiction and I’d have the unit rented before the next month. If they haven’t moved in it’s already in move-in condition so you’re just out the one month’s rent and a little bit of effort.
I’ve found it’s not worth trying to enforce the lease in situations like this. It’s all part of being a landlord. It’s just not possible to exact every penny all the time. Sometimes there’s just costs of doing business. It’s part of the reason you should factor in a cost of vacancy when you’re underwriting a deal.