If I never cashed the security deposit check and did not sign a lease, am I in any way obligated to prospective tenant?

I got a security deposit check on an apt. in New Mexico. They stated there wasn’t monies in their account to cover it until the next day. Every day after they said not to cash the check. Then they started making demands that I’m not legally obligated to do. I refused; they became threatening. A few other ok requests were quickly determined to be logistical impossibilities. They are threatening to sue. I never signed a lease + never cashed the check. I stated when they handed me the check (I have witnesses) that if I could not provide the house I would not keep their money. Do they have a case? Can I be held liable?

Asked on July 24, 2012 under Real Estate Law, New Mexico


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It depends on the contract.  You are going to have to take the contract to an attorney to review as soon as you can.  I do not think they have moved in yet but it is hard to tell from your question.  So you need to see if there is a way for you to have an "out."  Good luck.

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