Legal Question in Landlord & Tenant Law in Georgia

Does deposit have to be refunded if tenant backs out before signing lease?

I was renting a condo and recieved a $550 deposit from the renter after they agreed to rent. In the week that followed, as I waited for them to return the signed lease, I turned multiple potential tenants away. At the end of the week, the renter backed out and said she no longer could rent the condo and she asked for her deposit back.

There is nothing in writing about the deposit, no lease signed, etc.

Do I have to give back the deposit?


Asked on 9/12/08, 12:56 pm

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Does deposit have to be refunded if tenant backs out before signing lease?

You should have an agreement before taking the money. In the absence of any agreement, one party cannot generally make up one - such as a waiver of the deposit if they do sign a lease not move in. Your best option is probably to give them the money back, and not repeat the same mistake.

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Answered on 9/12/08, 1:07 pm


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