Must I I refund rent regarding the cancellation of a lease?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Must I I refund rent regarding the cancellation of a lease?

Traveling nurse placement service reserves my rental and forwards first month and deposit. On day of move in they cancelled and demanded that the money be returned. Do I have to return money?

Asked on April 1, 2019 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, there is no right to a refund when the renter or lessee cancels the rental or lease--only if the landlord cancelled it would they be entitled to the money back (since you cannot refuse to or be unable to rent to them while keeping their money). When the tenant or those renting on behalf of the tenant cancel, they remain obligated for the rent for the full term of the lease or until the landlord can, through reasonable efforts, re-rent the premises, whichever comes sooner. In practice, since you can't re-rent instantly, that would be *at least* one month of rent (the first month). If you are holding more than one month rent, if they do not agree to let you have all the money to settle the case, you will have to make reasonable efforts to rerent; once, even with reasonable efforts, the place remains untenanted for longer than an amount of time equivalent to the money you are holding, you'd be entitled to keep it all--and if it remains unrented for a prolonged time, could even sue for more rent under the lease.
(And if you are holding, say, a total of two months rent but manage to rerent right away, so it is only empty for one month, you'd then be able to keep one months' rent but have to return the second.)

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption