disabled son cant get apartment ..and lanlord kept deposit?

Question

now he gave his landlord lady a whole month deposit, with no lease signed or anything was just to hold. for april 1st. she took a check from us. so we contacted her today and told her we cant take the aprtment. she stated she is keeping the money, (which is govenorment money) so i put a stop payment on the check, since it was last month required by her, and she will charge the next new renter first and last . so she is making 2 last months rent off people... anyways i dont thin this is legal to keep that kind of money off people .. any one know the answer to this? was $700.00 deposit.. nothing signed as stated...

Answer 1

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.

Answer 2

That deposit is considered "ernest money". It shows a commitment on your part when you give it. When you made that commitment, that landlady took that apartment off the market. Between the time that you gave it, and the time that you backed out of it, she "theoretically" could have rented that apartment a number of times, and is "out" the rent she could have been collecting on it. I know it doesn't really sound ethical from your standpoint, but I think it's legal. At least it is in the commercial leasing world......I couldn't swear to the residential market, though. In most states there is a law that gives you the right to rescind any signed contract within a few days after signing it. But in Texas the grace period is Only 3 days. If it's more than that I think you're stuck. If you have a question about the legality, don't hesitate to contract your local legal Aide Society.

Answer 3

yes, she can legally keep the money. it is like if you contract to buy a house. you put earnest money onto the contract. it is meant to go towards your purchase price at closing. so it is protected for that reason.

however, say you didn't follow through on all of your contractural obligations. the earnest money, then, might be released to you as the buyer (your son as the renter), so long as both you and the seller tell the escrow holder to give it back to you, in writing.

but also, a broker can make a claim on it too. these situations, luckily in illinois, go to a court of law. we as brokers would rather that we file what is called and "interpleader," meaning that the judge adjudicates distribution of the earnest money. btw: developers have put up $100,000 and up on their contracts, walked, then lost ALL of it!

when a renter says that he wants an apartment and gives a security deposit, or, first month's rent for it to be secured in his name, then renegs on his obligation to rent it, the landlord is out of a steady tenant and must screen new ones again, as well as pay for advertising (very, very expensive). and so, i think your son is just out of luck. if your son has mental challenges, a judge may side with him, but not for physical disability and a plain old change of mind.

NEVER give money, especially CASH (a great way to get an apartment if you have anything negative against you on your credit report) to a landlord for ANYTHING without getting a signed receipt that clearly states what the money is for, and the date the landlord took it. the receipt must be dated, too.

hope things go better in the future.

Answer 4

Contact a legal services or housing authority office, she's required to give you back the money. It was a deposit, if she cashes it you're entitled to that apartment. No apartment for you no cash for her. Got a receipt? It'd help if you had one. Stop payment on the check and not much she can say especially if the apartment ends up being rented come April 1st, it shows she's not out any money. You didn't cost her anything by having her hold the apartment then backing out with plenty of notice so she can still rent it.

Answer 5

A deposit is assurance the Apt. is yours, and the Landlord can then say "TAKEN'. And stop showing. If you waste a month or two of their time, and still, NO TENANT, it is your loss, or your son's. The Landlord could have had it rented to someone else,, while You were deciding, what to do with your son's GOV. Cheque! You must have a Joint account, otherwise, How can YOU put a stop payment on his cheque? So how much longer, does HE have to put up with you? God bless!

Answer 6

You gave her a check to hold the apartment. She stopped showing it so don't expect her to eat the loss when you change your mind.

Answer 7

You already posted about this.

Its not government money. Its your disabled son's money. It was government money until he got his check, then it became his money.

Verbal agreements may hold up in your area. They are valid in my area. He gave her the check which is proof of some type of agreement.

Answer 8

the best way to do this would keep the check and take her to small claims court as long as you got the deposit receipt you can still take her to small claims court or better yet try the BBB,its not even April 1st yet.