Refund of RentThe tenant gives the landlord rent for the first month (May) agreeing to pay last month rent and security deposit two weeks l...

Question

Refund of Rent

The tenant gives the landlord rent for the first month (May) agreeing to pay last month rent and security deposit two weeks later. Is the landlord entitled to keep the first months rent if the tenant changes his mind about renting a week after agreeing to rent? No lease was signed however all is documented with emails. Thank you for your help. If you could respond as quickly as possible it would be greatly appreciated. THANK YOU!!!!!

Answer

Re: Refund of Rent

The tenancy at will was apparently agreed to by the parties. If the tenant backed out, and the landlord did not have time to locate a tenant for the month, the landlord may certainly seek to hold the rent deposit. However, the landlord should seek to mitigate damages.