can i get my money back on a rental deposit?

Question

STUPID- I sent a landlord a deposit for a property 3,000 miles away. I had friends go look at it and they said it was a dump. I told the landlord that I had reconsidered and he said no problem he would give the money back. Two days later he calls and says no go. If I am able to stop payment on the check(may not have cleared out of state yet) does he have any recourse? If the check had cleared can I get my money back? NOTHING WAS SIGNED

Answer 1

If nothing was signed, especially a lease, than you have every right to a full refund of your deposit money. The law often states this plainly and usually requires that the deposit be returned to you within 30 days, but every state differs. I suggest you look up the Real Estate Commission in the state where the property exists to research the real estate laws specifically so you can quote them to your "almost" landlord. If you can stop payment on the check the only way he would have any recourse is if the property is in a state that recognizes VERBAL contracts as binding (which is rare) and even then it is very unlikely he will actually sue.

Answer 2

Try to stop payment because if the check clears you are screwed. You can go to small claims court but you would most likely have to file in his state because that is where the apartment complex is located.

By the time you either buy plane tickets or hired someone to represent you in the matter you would have spent far more than the amount of the deposit and after you won you would still have to find a way to collect.

You will probably end up writing this one off as a lesson learned the hard way.

EDIT:
One other option would be to contact an attorney specializing in landlord/tenant law in the other state. Tell him what happened and see what he suggests. Some states will allow you to sue for up to 3 or 4 times the amount of the deposit as punitive damgaes in cases where a deposit is improperly withheld. If that is the case it may be worth fighting but you will still have the problem of how to collect.

Here is another thing to think about...if he has your signed check and you stop payment on it he can take that to a collection agency and have a negative entry made on your credit report which will be extremely difficult to remove.

He can also give it to his local district attorney and ask them to file criminal charges on you for passing bogus checks. All he has to do is type up some sort of invoice to justify the charges(apartment finders fee, etc) and you will have a very hard time disputing it from 3000 miles away.

This can easily get very very complicated.

Answer 3

stop payment immediately. if no paperwork was signed then he has no recourse. he would need your signature on a lease agreement saying the deposit was for you renting an apt.
if the check cleared you can still get your money back if no paperwork was signed. but he may play hard to get so you might need a lawyer.

Answer 4

I definitely would try the stop payment first.

After that, your efforts to get the money back will be much harder. You'll have to work with him, or possibly try to take him to small claims court.

You might also check if there is a Better Business Bureau in his area, and ask them to check on it.