Legal Question in Real Estate Law in Florida
Dear Sir,
John O. made payment to rent my house in the Republic of Panama Christmas week 2009.
After payment was received and confirmed John O. informed me, "Due to unforeseen circumstances I must cancel the reservation. I realize there maybe some cost involved."
On 12/04/09 I sent an e-mail to John O. I offered to keep $150 and refund $750. Though I was out of the country and could not send the refund at that time.
Later, a friend informed me John O. was confirmed to rent his guest house for the same week.
I was left with an unrented house and decided not to refund the money.
It is almost a year to the day. John O has e-mailed me requesting the money.
I've paid taxes on the money in both the USA and Panama.
Must I refund the money?
Regards,
M. Doyle
1 Answer from Attorneys
You can tell John O that due to your subsequent discovery that his "unforseen circumstances" were actually his intentional "change of mind", that you have likewise changed your mind about any refund. It is unlikely that John will pursue this matter, once you have revealed that you know what really happened, and that there was no need for him to cancel his reservation at your property. Unless your lease agreement permitted John to cancel without good reason, and be entitled to a refund, you owe him nothing.
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