Legal Question in Landlord & Tenant Law in Rhode Island
I had a verbal agreement with a tenant that she would move in on January 1st. Then she said she had a death in the family and it would be February 1st. Then she said that she is in the hospital with heart problems. I received a check from the Bristol District's Attorney office for (first month's rent, last). month's rent, and deposit). She now has decided not to move in at all. She insisted on me giving her the money back. When I first got the money in January she wanted me to give her all the money back , so that she could go to Seattle, when I told I could not because it was suppose to be strictly used for rent. She wanted the money so that she can move to Seattle. I told the DA' s office that I feel that the woman that was going to rent the property was commiting fraud for her own motives. She was looking for someone to get the money for her so in turn they could hand it over to her. I believe I have been treated unjustly and that I should be entitled to at least one month's rent if not two. They are now going to take me to court. Shoud I give them back all the money?
1 Answer from Attorneys
You did not rent the place in JAN and FEB because according to your agreement with this "tenant" she would be in the apt. Likewise FEB. so you lost the rent for those two months. I would not send back any money, just the security deposit and explain that you kept your apt unoccupied for JAN and FEB based upon your agreement with the "tenant".