What are my rights on this issue? Any advice appreciated.
2007-06-27 03:57:43 · 13 answers · asked by Delle C. 4 in Business & Finance ➔ Renting & Real Estate
did you sign contract?
2007-06-27 04:01:01 · answer #1 · answered by Emma G 4 · 0⤊ 0⤋
If he accepted and cashed the check, you have an implied contract with the landlord even if you didn't sign a lease. If there were problems with your application (credit issues or slow payments) the landlord has a right to reject your tenancy and return your deposit. In most cases in the states, they have 30 days to return the deposit. If there were not problems with your application, you will have legal rights even if you didn't sign any papers. Those rights vary from state to state.
If you signed a contract for the place and you paid the required fees, you have a legal right to occupy the premises. The landlord would have to show "just cause" to remove you from the premises.
If you never moved in, you are going to have a hard time recouping any expenses from the landlord more than your deposit. You can go to small claims court and file to recover any loses that you've had, but that will take time and money. It's not worth the effort for most people, but you have to make your own decision about that. If you can get your money back in a timely fashion, you're doing pretty well.
Remember that this room belongs to the landlord, and he has a right to decide who will live there and when. Good luck.
2007-06-27 04:15:29 · answer #2 · answered by Tunsa 6 · 0⤊ 0⤋
This is probably breach of contract. It depends on the terms of the agreement, was it verbal or written. The fact that money has changed hands means the contract has been part performed. Unless you have signed a written agreement about refunds, I believe it is possible to sue for the deposit and depending on the circumstances some form of compensation. I doubt you would wish to use the same landlord again.
2007-06-27 04:22:27 · answer #3 · answered by Barbarian 5 · 0⤊ 0⤋
confident she would be in a position to maintain your deposit in maximum states. she would be in a position to additionally sue you for any lease ruin fee mentioned interior the lease. If none is listed then she would be in a position to cost you lease by way of the completed lease or till the unit is re-rented. A lease is legally binding the minute you sign it. you won't be able to easily decrease back out & it does not legally rely in case you in no way moved in or that the lease became into to no longer initiate till Jan. It additionally does not rely how in need of a term there became into between signing the lease & taking flight. there's no ideal of rescission with rentals. A landlord has each criminal ideal to hold to any lease signed whether you attempt to decrease back out the comparable day you signed it. you're very fortunate that she is basically preserving your deposit & is freeing you from the lease. She does not could desire to try this. Take her present, pass on & take this as a lesson found out. the subsequent landlord you screw over won't be so superb. And confident you probably did screw her over. A landlord stops merchandising a unit as quickly as somebody will pay a deposit on it. once you decrease back out on a criminal contract she has now misplaced skill tenants, she has misplaced earnings & now run the prospect of the situation sitting vacant longer because of the fact of you. Tenants hardly think of appropriate to the implications of their strikes.
2017-01-01 08:33:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
You have the right to get your deposit back for starters! He shouldn't have let it to someone else if you'd paid the deposit. Go to the citizens Advice Beaureu or speak to a solicitor! Good Luck, you should have no problems getting it back. Hope this helped.
2007-06-27 04:01:29 · answer #5 · answered by Anonymous · 0⤊ 0⤋
You have a right to all your money back! The deposit and the rent (assuming you paid the first month's rent). If she gives you any trouble, there are government housing agencies you can threaten her with, in addition to suing her. You will definitely get all your money back one way or another. That is outright theft.
2007-06-27 04:01:50 · answer #6 · answered by Steffi 3 · 0⤊ 0⤋
If you've signed the lease and paid a deposit, he's in breach of contract. You can sue him.
If you have only paid a deposit but not signed the lease then all he has to do is return your deposit.
2007-06-27 04:02:57 · answer #7 · answered by Anonymous · 0⤊ 0⤋
Rather depends why he went back on the deal - was it 'Subject to References' or some-such - or did you have a signed Contract ?
I assume he has returned your Deposit ?
At the very least you should be able to get him to pay for the costs of finding alternative accommodation.
2007-06-27 04:04:13 · answer #8 · answered by Steve B 7 · 0⤊ 0⤋
Well of course you will get the money back....
But it will be tough to legally get the room unless you signed a contract already.. which is doubtful.
Someone probably offered him more rent then you.
2007-06-27 04:03:00 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Unless you signed a contract then I am afraid you have no rights at all. The only thing you are entitled to is your deposit back.
2007-06-27 04:12:33 · answer #10 · answered by Anonymous · 0⤊ 1⤋
Do you have proof of payment?
For that specific room?
with clear date and amount?
If your answer is yes, get a lawyer and sue his as...
You may also want to see if he or she cashed your proof
or if payed in cash do you have a receipt?
2007-06-27 04:23:12 · answer #11 · answered by Anonymous · 0⤊ 0⤋