Tenant wants to already terminate contract before moving date. Can i keep her money?

[switchex]

What is the name of your state? MD


I had put my house for rent and did my own advertising (not listed through MLS). I had several people interested in the house and ready to move in on the first of July. I ended up renting it to the most qualified person, the only problem with her was that she could not move in until the 15th of the month. We decided to lose 2 weeks of rent and wait for her. About 10 days after we signed the contract she had called us and changed her mind. She wanted out of the contract due to safety issues in the neighborhood. When she signed the contract, She had left us 2 checks, one for a security deposit and one for the first months rent (from 15th to the 31st of July).

We decided to refund her security deposit but keep first months rent (about 2 weeks worth of rent) since we waited for her 2 weeks. Is this legal? According to my research, i can keep all the money. Once a contract is signed, u can not back out. but she claims that because the house was not officially listed and there is no termination clause in the contract, we can not keep any of the money.

Any suggestions?

 

[panther10758]

Check MD law. However the "contract" was this a lease? If so how long was lease for? the tenant could be bound to pay rent until new renter is found if you signed a long term lease. Now this also means you have to make reasonable attempts to fill house. You could also be entitled to keep deposit.

 

[switchex]

This was suppose to be a one year lease. She signed the contract on 1st of July to move in the 13th of July. I read MD laws, and if I understand it, i can hold all of the money and she has to pay rent until I find new tenant within a reasonable time.

Fortunately for her, I have new people moving in the 15th. I think I have been very generous for giving her back her security deposit ($700) and only keep the partial first month check ($429). I think I could have kept all of it. But for some reason my conscious is driving me crazy, knowing that she lost $429 just like that! It sucks being in her shoes. Specially becasue i knew she was too soft for that neighborhood. But what was i suppose to tell her, that she was not tough enough, and i won't be renting to her!!! I did tell her mutliple times to drive around the area before siging the lease

I guess I am just not right for this rental business. Too complicated and Laws aside, too many ethical and unethical issues.

 

[panther10758]

Your former (almost) tenant should feel lucky then. Make sure you document what you have kept and why (site law). then mail it to tenant certified mail