I am a landlord that has a signed 6 month lease in Georgia The tenant has paid the full security depost. The lease was to start today(aug 1st.). The tenant contacted me yesterday to find out when I would be available to give him the keys and possession of the unit. I told him that I would be available on the 1st after 1 pm, he stated that he was going to move in at 8 am on the 1st, so I called him back and told him that I would meet with him that day(july 31st) which we did. However, he failed to give me the 1st months rent which was actually due upon on the execution of the lease. I told him no money, no keys and left. Later that evening he sent me threatening emails stating that I better show up with the keys at 8 am otherwise he was coming after me. I replied back that I was not available in the morning and due to the threatening emails that I was no longer willing to rent to him and stated that he was in default of the lease since he did not pay the 1st months rent when the lease clearly states that is was due upon the execution of the lease agreement which was signed 7 days ago. He said that because he didn't pay it that it was not a fully executed agreement and demanded his security deposit back.

I don't believe that he has a leg to stand on but just want to make sure, so I would appreciate any suggestions. Also, the lease states that prior to commencement that he will provide me with a copy of his renters insurance, which he has not.

Was the fee you took from him a deposit? If so, and he has never taken possession, you may have to refund it to him. He has not fully executed the contract since he never paid all fiuunds, met all conditions, or taken possession. Some states' judges would say that must refund it. Next tie, take a non-refundable holding fee that will convert to a deposit upon taking possession and meeting all conditions of the lease.