we looked at apartment for rent and land lord took full rent deposit , and we decided we shouldnt take the aprtment, she wont return the rent back? this is canada ontario, im sure they have to return it,
2007-03-16 14:57:32 · 9 answers · asked by flowerlegz 3 in Business & Finance ➔ Renting & Real Estate
i stopped payment on the check today , i hope i am llowed to do that. but this is disability money they took from a disabled person...
2007-03-16 14:58:40 · update #1
i stopped payment on the check today , i hope i am allowed to do that. but this is disability money they took from a disabled person...
2007-03-16 14:58:53 · update #2
No she can't keep the deposit. She must return it.
2007-03-16 15:06:00 · answer #1 · answered by Anonymous · 1⤊ 2⤋
If she doesn't get a new tenant for April 1st, she has every right to that money. You gave her the money to hold the apartment. She can't be expected to take a loss because you (or your son) changed your mind. Being disabled doesn't mean you get to screw people over.
However, if she does get a new tenant for April 1st, she won't be losing any money and you are entitled to a refund. If this happens, take her to small claims court if she won't return the money on her own.
It wasn't "money took from a disabled person". You make it sound like the landlord stole it. One of you made the decision all on your own to rent that apartment, write the check and hand it over to the landlord.
Changing your mind doesn't turn this from a normal business transaction into a heinous someone stealing from a disabled person scenario.
If you and your son have a comprehension problem with the whole action = consequence thing, maybe the two of you need someone who doesn't have that kind of disability to handle your finances.
2007-03-17 05:44:40 · answer #2 · answered by BoomChikkaBoom 6 · 1⤊ 0⤋
Look at your contract terminology. If this contract says you are placing the deposit to hold the apartment, and does not safe it it will be returned upon review of your application there is no stipulation of return. In most cases the person leasing the apartment can keep the deposit because you are reserving that apartment with your deposit and they lose money from taking it off the market and putting it back on.
2007-03-16 16:03:10 · answer #3 · answered by Charles K 1 · 0⤊ 0⤋
The disability issue isn't going to make a difference.
Did you sign anything? If you did, then you need to read your contract. Sometimes you have to pay fees if you leave the apartment early. If you payed a full rent deposit it sounds like you probably signed some paperwork.
2007-03-16 15:03:21 · answer #4 · answered by Jesus Pleaseus 2 · 0⤊ 0⤋
I'm in Australia, but I'm sure they can't keep the deposit/bond unless they have good reason, ie there was damage incurred by you. If you haven't even moved in yet, I doubt she has any right to keep it.
Did you fill out a rental application/contract? If so, re-read it to see if there is anything in the fine print. If you haven't signed anything, she's got no reason to keep it - however you have to be able to prove that you did in fact pay her (to be able to get the money back).
Is there a free community legal service that you can call for some advice?
2007-03-16 15:06:40 · answer #5 · answered by HerbGal 4 · 0⤊ 0⤋
A landlord is allowed to ask for a deposit to hold an apt. & keep it if you wait longer than agreed upon to change your mind but the amount is usually no more than $100.
Most landlords will return it. If you canceled payment, it will probably be too much trouble to go after you for that little bit.
If you gave more than that amount, then the landlord sounds like a cheat to me. I think he would be afraid to come after you for it. It doesn't sound like he uses good real estate practices.
Call legal aid. They will help you over the phone for free. Don't let the landlord intimidate you. Be sure to check on your rights with legal aid or Fair Housing first. The landlord might try to scare you, stand your ground. This sounds fishy to me.
2007-03-16 15:06:48 · answer #6 · answered by SUSAN K 3 · 0⤊ 2⤋
If you haven't sign a leased, she must return the money. However, if you have signed a lease you have agreed to rent the apartment and to follow the guidelines set contained in the lease, would usually mean the landlord keep the deposit until the lease end.
2007-03-16 15:16:11 · answer #7 · answered by Chris P 3 · 0⤊ 2⤋
IF you signed a lease agreement? You are out of luck
you were "disabled" when you wanted the place
using your disability as an excuse is a bunch of crap
2007-03-16 15:05:57 · answer #8 · answered by Mopar Muscle Gal 7 · 1⤊ 1⤋
You have every right to get back your money what you can do is a go to local court and fight the case and take you money and put some fine on him so that you wont have to pay money for the court expenditure.
2007-03-16 15:08:00 · answer #9 · answered by Anonymous · 1⤊ 3⤋