Legal Question in Landlord & Tenant Law in West Virginia
Rental Hold with Deposit
Potential tenant requested and paid the deposit for anexclisive hold of property. Was given a rental application to complete to check references and lease draft to review. The references checked out, lease signed and first month's rent paid. On day tenant was to move in (two days later) received a call around 3pm stating circumstances had changed, they cancelled and wanted their money back. I advised the individual by phone and in writing I'd return the deposit but will charge a daily fee due to the exclusive hold until a new tenant is located. They also lied on the rental application; used friends as the landlord and employment references. I've learned too there may be a legal history (id theft). Is it legal to charge the daily rate or am I obligated to return all of the money since the property was never occupied by the individual? Thanks so much!
1 Answer from Attorneys
Re: Rental Hold with Deposit
I would need to see the rental agreement to advise fully, but it sounds like a breach of contract, which means until you get it fully rented, keep deposit AND rent. Costs of re-renting it would be chargeable to them also. I have been a LL 28 years.
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