Colorado Springs, CO asked in Landlord - Tenant for Colorado

Q: Can a person sign a lease then change their mind before moving in and get their deposit back?

We rented our basement to a couple on 12-12-19 and they put a deposit down to hold the room til the first when they would move in. They signed a lease for a year on the 17th of December and on the 30th they called and said they changed their minds and wanted their deposit back. I am taking a loss for having that room vacant for so many weeks and they gave me a deposit so I wouldn’t rent to someone else. Do I have to give them monies back? Even tho they haven’t moved in yet aren’t they breaking a signed agreement to move in on the first and don’t they have to give me a 30 day notice and not a two day notice? Please help!

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1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Landlord Tenant Lawyer
  • Colorado Springs, CO
  • Licensed in Colorado

A: The tenant signed a lease which creates a financial obligation on that tenant. He or she does not have the unilateral right to terminate that lease. Whether or not the tenant moves in is his choice whether or not you choose to enforce your right to get paid until you find a new tenant is your choice.

Good Luck!

Tim Akpinar agrees with this answer

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