Placing a deposit on a rental does Not guarantee your place as secure; it is merely an acceptance by the landlord to hold your interest in the property open for consideration.
By Convention, aforesaid monetary token extend the duration for consideration typically from a few days to a week, upon which the deposit in the form of a cheque Not banked in, is refundable to the prospective tenant, should the decision be to decline. This is agreement is Silent: by Law, silence is non-acceptance, never acceptance.
Bear in mind that the landlord has lost one week of potential rent by withholding the property from the market to enable the prospective lessee (you) to consider.
- ‘Premium’, the polite way to put it, are exceptions to the one week rule of thumb.
This is when the prospective lessee agrees to forfeit an agreed upon money, ranging from one week to one month’s rent equivalent, in which the landlord could have received income otherwise lost by keeping the accommodation empty.
For an evidential and legally enforceable contract, you need
- Intent, akin to a willing seller and a willing buyer;
- Significant consideration, of money in the deposit in relation to the object of finalised negotiation, varies between one month to six months rent;
- Signed contract by both parties, as evidence accessible to judicial process.
- Specific clauses, not general, to attribute specific performance, such as the lessor (landlord) required to give 30 days or one calendar month's notice to the lessee (the person renting, you) before letting the accommodation to the public.
2006-10-13 10:09:41
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answer #1
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answered by pax veritas 4
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NO guarantees, especially if he is willing to refund the deposit.
You need to literally be ready to move when you lease something and pay rent, deposits, etc. and have a nice clean deal for the owner. Sorry to have to tell you this. I live in the absolute worst place, Florida. Going to court will not solve anything.
2006-10-13 09:24:58
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answer #2
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answered by The Advocate 4
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yes, the landlord's acceptance of your deposit should hold your interest in the property. it is an enforceable contract. hopefully, you have some hard evidence like a receipt or a cancelled check.
if you lost the place, and you have sustained an "injury", the landlord can be held liable for your loss. most likely, the injury sustained was you having to spend more money looking for another apartment.
2006-10-13 09:25:38
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answer #3
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answered by loveholio 5
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specific, you need to vacate till now August 1st. In each state, if an proprietor needs to pass lower back into their very own residence, or right into a condo apartment in a construction they very own, all they must do is provide 30 days written word. Even the place there is lease administration, a hire, and so on, an proprietor continually has an excellent to pass into their very own materials! there is not any recourse which you have. He owns the domicile, and he needs to pass lower back into his very own materials together with his kin. You lease through July thirty first, and could pass away the area sparkling and in reliable fix. they have shown you better courtesy via providing you with better than 30 days word. that is unlucky you had surgical treatment those days, yet it quite is not any excuse in case you have been given better than sufficient word. in case you pass away the area perfect wiped sparkling and in reliable fix, they must refund your secure practices deposit. you may attempt to barter using the secure practices deposit as final month's lease, and in case you have been a reliable tenant, they might conform to do you that want. you haven't any longer any rights to sue, no rights to any money, no rights to postpone, no longer something yet return of secure practices deposit in accordance such as your state's regulations (oftentimes must be accounted for, lower back interior of 30 days once you progression out).
2016-10-19 08:28:53
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answer #4
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answered by Anonymous
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Yes, its yours unless you filled out a document agreeing that the deposit was refundable within a certain amount of time. Tell him to knock it off or you'll call a real estate attorney and make him sorry he ever met you.
2006-10-13 09:21:30
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answer #5
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answered by Anonymous
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Well you should have made some written agreement. Still you can sue him if he keeps your deposit and rents it to someone else
2006-10-13 09:23:04
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answer #6
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answered by Artguer 2
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umm you need a different place. He sounds flaky as a land lord. Plus that means he is straped for cash and if anything breaks you are stuck with it.
2006-10-13 09:21:42
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answer #7
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answered by Karrien Sim Peters 5
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