I signed a lease agreement with a new tenant to begin the first of the month. However after meeting with him, I have second thoughts about whether he is really going to be an okay tenant. I really don’t want him to move in. Is there a law that says I have to let him move in? Can I change my mind and give him back his deposit check?
A signed lease is a legal contract binding all parties to the contract. Unless you could prove the new tenant committed fraud or did not have capacity to enter into a contract, neither you nor the tenant can just change your mind once a lease agreement has been executed by both parties.
There is no right of rescission of a contract in landlord-tenant law. Some states have consumer protection laws regarding cancelling some types of contracts such as a home improvement contract, but consumer protection laws would not apply in this case.
If you conducted tenant screening procedures and the tenant qualified to your rental standards, why would you now have a concern? Personality conflicts or bad vibes are not permissible reasons to get out of your legal contact. The tenant has made a good faith effort to meet rental terms, has signed a lease, and paid a deposit. Your tenant could make good claim for discrimination unless there is just cause. If your concern has somehow become a legitimate concern based upon discovery of new verifiable information and you have good reason to believe the tenant poses a direct threat to people or property you should take appropriate steps to protect your other tenants and safeguard your property.
Other questions to consider: Is your lease a fixed-term lease or a month-to-month rental agreement? Have you given the new tenant a key or allowed the tenant to move any personal possessions into the rental unit? If so, the tenant now has possession of the unit and you will need to follow appropriate legal measures in your state including eviction proceedings to regain possession of the unit.
The term of the lease agreement and the language in the lease may determine what action you can take and what rights the tenant has in the matter.
You may need to consider negotiating a settlement with the tenant to remedy your default. It may be appropriate to consult with an attorney specializing in landlord-tenant law to resolve the issue.