Can Owner Keep My Deposit?

Question

I recently decieded to move into a rental home with my partner, however, I am now unable to afford the move. The owner of the property attempted to rent the home out with old paint that was full of dirt and scrapes from the last tenants. I refused to move in and pay 950p month for a home that was not up to par. When I explained this to the landlord he decieded to paint...He now refuses to refund my 1375.00 that I have given him to move in. I ran into hard times and cannot move, but don't feel that I should be responsible for the upkeep of his property. Am I? And how do I get my money back, he refuses to return my calls. I have not signed any agreements, although he tried to have me sign the lease, and have all of my reciepts from him.

Answer 1

As a former tenant, I can understand your situation, but as a former landlord, you must understand the landlord's position. When you gave him your deposit and agreed to rent the property he took it off the market and stopped showing it to prospective tenants. You then backed out of the deal for whatever your reasons are so now he is left with an empty property and no prospective tenant so he's losing money every day.

If you signed a formal lease you'll both need to refer to the agreement you signed. My leases all provided that I would retain the security deposit as liquidated damages if the tenant failed to take posession of the property on the agreed date.

Although I wasn't legally obligated to do so I would normally refund a portion of the deposit to the tenant once I located a new tenant for the property. If it took 2 weeks to place a suitable tenant, I'd refund half of the deposit. I did refuse to even do that a couple of times when the tenant bacame abusive towards me though most folks understood my position -- I have mortgage, insurance, tax & utility payments to make and can't do that without rent coming in -- and were happy to get something back at all.

Some states may restrict how much a landlord can retain in these cases but in most states once you sign the lease you are legally obligated for the full term of the lease. If you fail to take posession or break the lease, the landlord can demand the balance of the lease payments up through the end of the lease or once a new suitable tenant is placed in the property. Most courts will hold that 2 months is a reasonable time for a landlord to place a new tenant and may limit your liability to 2 months but that is NOT guaranteed.

Even though you did not sign the lease, an oral contract is still valid and the courts will usually hold that you should forfeit an amount equal to the rent that would be due until a suitable tenant can be located. If the landlord places a new tenant within 45 days or less you should get something back. However if it takes longer than that you probably are not entitled to receive any of your deposit back.

Answer 2

This is a very tough situation to be in for sure, for you and the owner. I am a landlord in Detroit, I've had things like this happen before. I've had people put money down on houses and need to pull out. I tried to be fair to them and me. I had a family give me $600 deposit to hold a house for 30 days that did not tell me they needed to be refunded until 36 days later. I was more than fair and refunded them $300 of the monies back. I did have other people who wanted to rent the home and held it for them. I felt as if it was fair.

As for the legals on this stuff, it really makes a difference if you signed something or not, what state you live in, how many days you agreed on before move in etc.

I do suggest if you cannot come to an agreement with the landlord, you file suit in court. Don't let anyone take anything from you. I bet he won't avoid opening a letter from the court.

Answer 3

it truly is A 'TICKLISH' concern. They did signal the employ yet, have by no potential Moved in. i have in basic terms considered/heard this take position to '2' different couples.....yet, they broke the employ before flow in Date. the owner took them to court docket and 'fortunately' for the Renters the court docket is almost typically on the fringe of the RENTER! the owner 'lost'. interior reason consequently i might want to target to fee them for the days up till you've been Notified , PLUS a million professional-rated week. (at present, might want to 20 is 20 days + 7 days = 27days) which provides you with almost $a million,500. (27 lost days @ $50.in preserving with day =$a million,350+ Your ad= $a million,500. Makes it sound more advantageous honest) i'm particular you does no longer elect to rigidity them into the condo resources they don't elect OR likely, with the help of now, (with the undesirable economic gadget) can no longer arise with the money for....preserving in options an truly, VERY unhappy Tenant!

Answer 4

If you signed a lease yes he can keep your deposit. It is not leagel to collect a deposit without a lease.

Answer 5

go to court