Is holding deposit refundable

[smg5793]

I have a house for rent that someone expressed interest in but would not be able to move in until Nov 1. After talking to her someone else expressed interest and wanted to move in asap. I call the first person (I'll call Diane) back and told them that there were others interested and if she wanted the place could she put down a deposit which she did. I then called the others back and told them the property was no longer available. I tried to call Diane back the next day and did not get answer. Called her back the following day did not get an answer left msg that if she was not longer interested to let me know, there were others interested and I would return her deposit. Called her home and left msg. She then called back and said she was no longer interested and wanted her deposit back. I told her that I would refund her 1/2 the deposit. She did not agree with this and threatened legal action. We did not have any written contracts. Is she entitled to the full refund.

 

[jacksgal]

Ok she gave you money to "hold" the rental till she could move in? Then after you told other potentional renters house was rented she pulled out? You owe her nothing you lost a months rent (at very least) when you turned away other renters. Tell her "see you in court"

 

[Gail_in_Georgia]

If this was specified as a "holding fee" to remove the property from the market, she does not get the money back if she changes her mind about renting.

Gail

 

[smg5793]

I did state to her that this was a deposit to hold the property until the first of the month. I would not rent it to anyone else.

 

[Gail_in_Georgia]

Then she has lost this holding fee deposit.

Gail

 

[4legal123]

We accepted half security deposit with a signed lease on our house. After person's fiancee saw the house, he didn't want it anymore (fiancee was not on the lease) & he wanted his money back. Since it was considered part of the deposit and not specified as a holding fee, did we have to give him his money back after we took the house off the market and told all interested parties the house was rented?