Renter Backed out-Return deposit? (apartment, how much, house)

[Motherof6kids]

I am a landlord in WI. We had a new tenant give us a security deposit to hold an apartment that would be opening on the 1st. He signed a years contract. There was not a date put on the contract in case it was available early (which did not happen). He was told we needed a deposit to take the apartment off of the market, which he jumped at 2 weeks ago and was very much aware that the current tenant legally had until the end of the month. Today he stopped at our house and asked when it would be available. I told him tomorrow, to which he responded "Oh, I needed it sooner so I found another place." He said he had no way to contact us to tell us...he had just called my husband a week ago to ask a parking question and obviously knew where we lived. Since we will now have no renter on the 1st, does it require us to return the security deposit he paid to hold the apartment for him?

I spent the last 4 days painting and cleaning to get it ready for a new renter and am exhausted. We only have the one duplex because it is attached to our land.

[dreamhunter65]

What a jerk there is payphones all over and he knew address so was way to get in contact. Check with county housing se if they can help in this situation see if must give back deposit or not. Signed a contract would think not have to return it as he did sign for 1 year, knew terms of contract also. If he stopped to see when available and told next day, and said already had a place he was just yanking your chain. Hopefully all works out you get to keep deposit and with contract signed for 1 year lease maybe could go after him for breech of contract also.

[MSPLove]

I think you dodged a bullet with that guy. Just be thankful you weren't stuck with him a year. Put a prayer in for his new landlords. lol Your hard work wasn't in vain at all, a better tenant will be enjoying their new place soon enough.

He is playing dumb. What if you'd said "yes, it's available right now today"..? Would he have turned the other landlord down? Looks like he was jerking two sets of landlords around. If you'd said "yes, you can move in today" he may have blown off the other guy. It just seems he was willing to inconvenience whomever in order to get the best deal for himself. I wouldn't think you'd have to give any $$ back. You should try posting this in the renting forum.

[steel7]

Be glad he backed out. I bet had he moved in he would of been nothing but trouble. How much was the deposit ?

[chadman154]

Renter is responsible for rent and any other fees associated with you finding a new tenant. They signed a one year contractual agreement.

[dive77mmwet]

if you rent unit sooner you may have to pro rate it, but its hard both ways as a deposit posted did you have forfiture statement ? he may try the case in small claims but at $200 in fees may not worth it to sue you.

[Houston3]

The contract not being dated for a move in date is going to be a problem for you......