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Old 08-14-2008, 07:52 PM
 
1 posts, read 5,192 times
Reputation: 12

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I signed a rental agreement 2 weeks ago with a couple to rent out my house for 1400 dollars starting sept 1. I had 2 other couples ready to take the house and turned them down and told dozens of potential renters that the house had been rented out since then and took down all of my advertising. They put down 400 dollars to hold the house and signed the contract. They just told me yesterday they now cant rent the house. Am i able to keep there deposit for losses that i will incur since I now wont be able to get a renter in before sept 1? I read over the contract and the deposit doesnt say non refundable. But there is a section saying that if the tenant fails to perform any obligations in the contract shall be considered a default and the landlord may issue a proper itemized statement noting amount owed and persue any and all legal and equitable remedies available.?
what are my options here
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Old 08-16-2008, 12:16 AM
 
100 posts, read 359,063 times
Reputation: 34
Quote:
Originally Posted by djseanp View Post
I signed a rental agreement 2 weeks ago with a couple to rent out my house for 1400 dollars starting sept 1. I had 2 other couples ready to take the house and turned them down and told dozens of potential renters that the house had been rented out since then and took down all of my advertising. They put down 400 dollars to hold the house and signed the contract. They just told me yesterday they now cant rent the house. Am i able to keep there deposit for losses that i will incur since I now wont be able to get a renter in before sept 1? I read over the contract and the deposit doesnt say non refundable. But there is a section saying that if the tenant fails to perform any obligations in the contract shall be considered a default and the landlord may issue a proper itemized statement noting amount owed and persue any and all legal and equitable remedies available.?
what are my options here
I am not sure concerning NV Real estate law, but in NJ, if they signed the contract and then backed out, they are in default of the contract and the earnest monies may be kept by the lessor (landlord).
edited to add: Depending on the number of days passed since the contract was signed. Usually 3 days to fully execute the contract after signing.
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Old 08-16-2008, 12:58 PM
 
Location: NW Las Vegas - Lone Mountain
15,756 posts, read 32,479,957 times
Reputation: 2661
Quote:
Originally Posted by djseanp View Post
I signed a rental agreement 2 weeks ago with a couple to rent out my house for 1400 dollars starting sept 1. I had 2 other couples ready to take the house and turned them down and told dozens of potential renters that the house had been rented out since then and took down all of my advertising. They put down 400 dollars to hold the house and signed the contract. They just told me yesterday they now cant rent the house. Am i able to keep there deposit for losses that i will incur since I now wont be able to get a renter in before sept 1? I read over the contract and the deposit doesnt say non refundable. But there is a section saying that if the tenant fails to perform any obligations in the contract shall be considered a default and the landlord may issue a proper itemized statement noting amount owed and persue any and all legal and equitable remedies available.?
what are my options here
Keep it. If they take you to Small Claims Court go. You will likely win or win most of it. Get the place back on the market and rented. If you should get it rented for September 1 give them half the money back. Always leave everybody happy if you can.
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