I have had an oral agreement to rent an appartment. I have completed an application and made a security deposit. I have not signed a lease agreement for this place yet because I was not sure if it was a right place for me. My move in date was later in the month. Now I have found another place which is great and I want to get back my security deposit from the previous place which I do not want to rent anymore. What are my rights? Thank you very much for advise!
2007-08-04 16:20:04 · 3 answers · asked by Lara 2 in Business & Finance ➔ Renting & Real Estate
It was just about a week since I orally agreed to rent the place and I was not even supposed to move in until later in the month. Why should I be liable for month rent?
2007-08-04 16:50:18 · update #1
The security deposit is a security to the landlord to have him take the apartment off the market for you. The thing is, it depends on what was signed and receipted as whether it is a refundable or a nonrefundable deposit.
If nothing was specified in writing, most area laws would automatically consider it a refundable deposit. however some states would consider that a nonrefundable, because the owner did something for you, took the home off the market.
Check your receipt and application to see if there is any mention of a nonrefundable deposit. If there is none, then you should inform the landlord and ask for the deposit back.
Of course, the landlord will feel stiffed by you, understandably so. The problem with operating like this is that you make people feel you used them and wasted their time. In their mind, they could have been looking for someone who was serious about renting from them. So they will not do anything more than they absolutely have to do for you. Be prepared for the owner to fight you on this. They will feel they are morally in the right even if you are legally in the right.
2007-08-04 16:49:52 · answer #1 · answered by rlloydevans 4 · 1⤊ 0⤋
You are not necessarily entitled to the return of your security deposit when you ask a landlord to remove a rental unit from the market on your behalf. Unless the deposit was clearly marked as refundable unless you moved in, you may well have lost the deposit.
If you check California landlord/tenant law, you will discover that you are not protected unless you have a clear agreement to insure that the deposit is refundable.
2007-08-05 02:55:43 · answer #2 · answered by acermill 7 · 0⤊ 1⤋
Well the landlord could sue you for that month's rent because he could have rented that apartment to someone else but was holding it for you so he is at a loss for the months rent unless he is able to find another tenant ro replace but you could be held liable for the cost of him having to re-advertise the apartment...
www.nolo.com
2007-08-04 23:39:09 · answer #3 · answered by eternity 1 · 0⤊ 1⤋