So my soon-to-be landlord and I made a verbal agreement Friday the 20th that I would accept the apartment he was renting and move in on the 10th of Aug. He calls me back Monday and says he'll need a $250 deposit to hold the apartment for me (so he can stop showing the apt. and in addition to the $500 deposit needed on the move in date). I obliged and made the payment. Now, due to unforseen circumstances I am unable to accept the apartment. My question is-- do I have the right to ask for the $250 back?
My arguement is this:
1) The last tenant moved out last night so technically the apartment won't be available to rent until next week (he's installing new carpet and painting). This is sufficient time to find a new tenant or call a prospect that has already applied.
2) The $250 pre-deposit was never discussed prior to the date he called
3) I haven't signed any papers yet so I'm legally not obligated to go with the apartment.
Thoughts, suggestions, legal advice??
2007-08-01 07:47:33 · 6 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
The only thing in writing that I have is the Money Order made out to "Blah Blah Apartments" with a memo that said "Deposit"...
But so far it sounds like I'm screwed.... Ugh... = (
2007-08-01 10:02:35 · update #1
You can ask for it back, but you are likely out the money. It is an expensive lesson in not handing over any money without having signed anything first.
You need a rental agreement with clear statements about what any deposit money is for and how it will be refunded for there to be no ambiguity.
So, now that you have changed your mind and aren't accepting the apartment then you are likely out the $250 (which was to hold the apartment for you).
You probably don't have any legal recourse and trying something through the legal system would cost much more than the $250 you would get back.
The landlord will most likely view your $250 as his.
2007-08-01 07:54:27 · answer #1 · answered by Rush is a band 7 · 1⤊ 0⤋
He did you a favor, but made sure to cover his butt by the deposit. Good thing he did, now he wont have a renter for August, at least he will be able to use that 250 for the month of august's lost rent.
you can ask him, he will probably say no, ask him if he will just keep half then, and give you 125? he will probably say no.
but if he was gonna hold the apt for you from 7/20-8/10
thats 21 days, you told him 10 days prior, so he only held it for half the time anyhow, so, maybe you can get 1/2 of it back if he sees it your way. if not, you didnt sign anything stating the terms of the 250 hold, so you can take him to small claims but i dont know if you would win, the judge would have to be in a great mood.
If i were judging i would say you both made the error and maybe you are both able to split it. He didnt put the terms in writing, you backed out.
2007-08-01 08:23:49 · answer #2 · answered by ktlove 4 · 1⤊ 0⤋
Since you signed nothing, you cannot be held to any contractual agreement. Since you signed nothing, you have no evidence whatsoever as to WHY you gave this man $250.
If you end up going to small claims court, what will you use for evidence, other than a cancelled check and no documents stating what the check covered ?
2007-08-01 08:51:57 · answer #3 · answered by acermill 7 · 0⤊ 0⤋
He stopped showing the apartment because you had a verbal agreement. Sorry but there is no way you can get that money back you broke the agreement not him
2007-08-01 07:57:22 · answer #4 · answered by Alissa 6 · 2⤊ 0⤋
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2016-10-13 09:24:51 · answer #5 · answered by ? 3 · 0⤊ 0⤋
you really can't ask for it back because he did hold it for you and it really is his because as agreeded he took it off the market for that time. also never do verbal contracts always get it in writing
2007-08-01 07:52:18 · answer #6 · answered by nick 2 · 2⤊ 0⤋