Legal Question in Real Estate Law in Tennessee
rent back
i rented a house with a 1 year lease to a man and woman unmarried-they paid 1st month rent with security deposit --only one of them actually signed the lease but both names were on there --3 days after the signing -they decited they didnt want to live there and wanted all their money back--i gave them back their deposit--but i think i should be able to keep the rent money can i legally keep it or what should i do
1 Answer from Attorneys
Re: rent back
If these two people, or at least one of them, signed a one-year lease, then they are obligated to pay rent for a whole year. You have been very generous to refund them the security deposit, despite their breach. However, from a moral standpoint, you have a right to keep the rent, because you cannot turn around and instantly rent the house to another person. It will take you some time to advertise and find a new tenant. You should advise the tenant that he is getting off cheap by just losing one month's rent. He could be forced to keep paying rent until you find another renter to replace him. I cannot answer your question about your legal rights without seeing the rental contract. If you gave him rescission rights to cancel the contract within 3 days, then you may have to refund the rent, minus the rent for the 3 days he occupied your house. Most rental leases do not contain a rescission clause, however.
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