can you get a security deposit back if you don't move in?

Question

we gave a landlord a deposit and now my section 8 will not approve it to move in and the landlord wont give me my deposit back

Answer 1

The landlord and tenant law in your state may address deposits and whether or when the landlord may keep them if you fail to occupy the unit. You didn't mention if the lease was executed, so I'm assuming not since Section 8 normally provides their own or signs the landlord's lease as their promise to pay.

My experience has been that courts will limit the landlord to actual damages rather than total forfeiture, meaning he would likely be awarded an amount equal to the daily rent for the time he held the property off the market for you and lost the opportunity to lease to others.

That said, and assuming the landlord understood the lease was subject to approval by Section 8 and your failure to occupy was through no fault of your own - you might have a claim for full recovery of the deposit. That's the angle I'd argue in front of the judge.

Answer 2

If it was a regular lease and you just decided you didn't want to live there or found something better, I would say that the landlord has the right to keep it as one month's rent for breaking the lease. In this case, the landlord would have to know that the lease is dependent on the section 8 approval. If he is any sort of moral person, he should give the deposit back without any problems. If he doesn't, call your section 8 contact and ask for their help. If the landlord owes you your deposit and won't give it back, the government won't be too happy to work with him.

Answer 3

I am pretty positive they can't do this being as you never moved in (and probably never signed a lease being as you have to have approval for section 8 first).

so that you know. some landlords try to pull this kinda crap on section 8people thinking they can get over on you becase (they assume) you are stupid and won't say anything. from my understanding they can't do this and i've heard of landlords doing this and being sued for way more (and losing) then they tried to steal.

if you can look into the laws in youre areas-many republican ran areas do things like this to keep people they don't want from moving in (its the whole-blame illegas for everything-crap)

Answer 4

It depends upon what the contract you must have signed says. Go to your section 8 and ask them for their help in getting your money back.

Answer 5

Seems like they'd give it back to you if you just explain what happened. If you signed a lease, I don't believe their obligated.

Answer 6

don't think you can since the government is paying a good chunk of your rent.