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Old 07-31-2017, 01:32 PM
 
1 posts, read 530 times
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My wife and I own a home in San Diego. Until this week our intention was to move to another area for a job offer. Someone local asked about renting the home and we accepted a deposit last week but we have still not signed a lease. I was just offered an even better position locally and we now want to stay, but I'm not sure where this leaves us legally with the new prospective tenants with a deposit but no lease. Any thoughts?
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Old 07-31-2017, 01:46 PM
 
771 posts, read 835,900 times
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Quote:
Originally Posted by dsbreuer View Post
My wife and I own a home in San Diego. Until this week our intention was to move to another area for a job offer. Someone local asked about renting the home and we accepted a deposit last week but we have still not signed a lease. I was just offered an even better position locally and we now want to stay, but I'm not sure where this leaves us legally with the new prospective tenants with a deposit but no lease. Any thoughts?
I suggest you call your would-be tenants ASAP, explain the situation honestly, telling them you will be returning their deposit in full immediately and apologize for their inconvenience. Then return it and keep proof of delivery and proof of deposit.

In other words, hopefully you can handle it directly and easily with the would-be-tenants. Frankly, I would even offer a month's rent as a going away bonus if push came to shove. If it gets to legalities, it sucks for everyone and you would need to consult a local lawyer versed in both the law and recent caselaw on such matters. CA is notoriously pro-buyer/tenant. You would almost surely end up spending more than the bonus and endure more stress.
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Old 07-31-2017, 01:53 PM
 
Location: Hookerville, formerly in Tweakerville
15,129 posts, read 32,326,222 times
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If you haven't signed a lease with them, all you have to do is return their deposit, and there shouldn't be any problems. You might also want post this in the Renter's section of the C-D Forum for more advice.
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Old 07-31-2017, 02:05 PM
 
3,396 posts, read 2,804,642 times
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Are your things packed?


Have you thought about renting for a year or the duration of the lease and still renting the place you own out? Assuming its priced well, could give you can opportunity to make a little extra money.
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Old 07-31-2017, 04:34 PM
 
Location: San Diego
5,742 posts, read 4,699,967 times
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With no signed lease, you have no obligation to rent your house to them. I'm assuming of course that you are still in possession of the house, and not the people you were going to rent to.

Just give them their deposit back with an honest explanation and an apology.
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