Q: What happens if a tenant has paid but decides half a month after the contract, not to move in?
We rented our travel trailer to a person, who signed a month to month lease (effective 8/1), paid a month and was given keys on July 30 (pd 8/2). She notified me that she has decided to say in her current rental and now wants her full rent back. Am I responsible to give her the full rent back? She has not stayed a night, however she has some belongings and keys to the unit (not returned). She has had full access to the trailer, utilities and use of our property since 8/1, but because she chose not to stay here and changed her mind, they are threatening legal action. I allowed her to end her contract 8/13 and offered her $200 (half a month rent minus cost to re-key the trailer). They are now threatening legal action.
A: Once she signed a month to month lease, she owed you at least 30 days written notice in order to terminate her tenancy - and she owed you rent through that 30 days, so I don't see, given your facts, how you owe her a penny back, and she may owe you more, depending upon when/how she notified you she was terminating her tenancy. You might owe a security deposit refund, or at least a written accounting for how much you are keeping, and you would owe that within 31 days of having had restoration of the premises to you. Be sure to mail it to her last known address by regular first class mail. She can make lots of threats but is not too likely to actually file suit against you, particularly if she talks with an attorney. If she files in small claims court and sues you for more than $750, you can force the lawsuit out of small claims and into regular court where she would normally need to have an attorney or at least be at a substantial disadvantage if you have one. Is she prepared to pay an attorney up front?
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