They did not move in, so I told them, they lost their holding fee. We both signed the written agreement for a move in date of 1st of the month. They are claiming I told them they could move in sooner than the 1st of the month. I offered that they could if the current tenants vacated before the 31st/ end of the month, which they did not. So now they are threatening small claims suit. Apt is still vacant. Thoughts please --73.227.xxx.xxx

Seems like a big headache ahead. How much money are your arguing about? --24.101.xxx.xxx

Tenants often threaten court and very rarely actually do it. How clear is your contract that the holding fee is non-refundable? --76.178.xxx.xxx

Agreement is very clear. Sometimes the only way to find out if we will win in court, is to go to court. Its a lot of money. --73.227.xxx.xxx

Block them and remove them from your thoughts. You'll never hear from them again, it's just a lot of barking. Do you think they're going to pay the $100 filing fee knowing they won't win? No. --73.177.xxx.xx

I agree with Jason above me, this is very much like going to the dog kennel - lots of barking for attention from every critter that wants attention, food, exercise with the need to stop and water the fire hose connections... Sometimes a letter from an atty shows up and if it goes to court the wannabe tenant loses more as the atty will explain why he needs a huge retainer for -helping- them understand what they should have before the atty was engaged. --76.188.xxx.xxx

Are your courts even open? Re read your paperwork. Make sure the word deposit is not in there anyway. Most people don't understand the difference between holding fee and deposit. Did you agree to apply this fee to monies due for deposit at lease singing, did they sign the lease? I agree with others they usually move on. --172.56.xx.xxx

When my last person tried to get out of a lease before they moved in, I told them I will try to mitigate the damages by trying to re-rent it. But they have to give me a 30 day notice and the keys back, explaining why they don't want the rental anymore. Then once I've got a replacement tenant, I can pro-rate the rent and give them a refund. This tenant wasn't having none of that, her father is a big shot attorney. I tired to explain real estate law to a corporate attorney. After 1 week of no 30 day notice and a refusal to return the keys, I modified my resolution. I will not try to re-rent the unit, I'm going to give it to a realtor who charges 1 months rent. That fee will be deducted from the tenants deposit along with the prorated rent. Their fighting me just cost them 1 months rent, $2,400. --47.155.xx.xxx

--47.139.xx.xx

Just saying.... : p --68.229.xxx.xxx

Sept 1st move in date? I don’t understand why they didn’t move in as planned? Just because they couldn’t move in early they didn’t want it at all? I’d keep the money and obviously not rent to them at this point. Or come to an agreement to refund them the pro-rated amount of lost rent after you find a new tenant. The whole point of the holding fee is to prevent lost rent when an apartment is rented with a future move in date. --73.186.xxx.xxx

Johnny B, actually. The point is also so the landlord does not rent it to someone else. You are holding it for them. Honestly they pulled a Karen ( my apologizes to anyone named karen). If they could not have it their way, they didn't want it at all. They rented a moving truck without having the keys, or signed a lease or calling me. Never Never ever will I ever offer anyone the possibility of moving a few days early. They knew the place was occupied, they knew I was powerless as to if the tenant would move sooner. The agreement was signed for a Sept 1 move in date. --73.227.xxx.xxx

--73.102.xxx.xxx

Refund the money. Lease signed. Money most likely was applied to security deposit. ? There wasn't a home for them as agreed upon. Keep goin. Life's too short. --172.58.xxx.xxx

My lease specifically states that it will become a security deposit if they move in by X date, otherwise it is non refundable. Written says the first. They lost the holding fee. I say keep it. Do they have keys? If so, they are still there or have been there for September. Get it in writing they are leaving. My guess is they found something else. Why should you have to be penalized? --73.230.xxx.xx

Small claims of $5,001 to $7,000= $150 (The filing fee for claims of property damage of more than $7,000 arising from an automobile accident is also $150). --71.184.xxx.xxx

Does MA allow you to keep the whole security deposit if they break the lease, and also don't agree to a flat early termination fee? --107.3.xxx.xx

So much less stress when we just stick to our rules and schedules. --50.82.xxx.xxx

They weren’t able to move in early and still haven’t moved in at their earliest possible chance? They found somewhere else. I’d ignore them. --24.152.xxx.xx

I like Robert's idea of giving it to a realtor, except that is not customary by me. And I belive is challenged by the new laws --172.58.xx.xxx

--47.139.xx.xx

A valid point was raised, why holding fee instead of just signing a lease? --108.56.xxx.xx