This is the background of my situation: I responded to an ad for a room for rent. I met the girl, liked the place and told her I would move in. I gave the landlord $80 for deposit. I gave the girl $350 for rent, that she would deposit on the first of Aug, (as good faith money), even though I wouldn't be moving in till the 15th. No lease was signed. I was to sign when i moved in. I told her to HOLD THE CHECK UNTIL I MOVE IN. Unfortunately, I changed my mind due to certain circumstances. I told her a week before, that i wouldn 't be moving in. I know, bad on my part, but things happen. The landlord deposited my deposit check, so that was lost. I cancelled my check for $350, since I would not be moving in. Now, after many hostile emails from her, she is telling me that she is going to file papers for small claims court for the $350.
Will this stand in court since there is no written documentation and no witnesses...and I verbally told her to hold the check till I moved in.
2007-09-04 09:51:10 · 4 answers · asked by kb 1 in Politics & Government ➔ Law & Ethics
*** There was a lease, i saw it .But she did not make me sign it for some reason. Also, the $350 was 1st months rent, just given to her early for convienience. But I told her NOT TO DEPOSIT till I moved in.
2007-09-04 10:27:27 · update #1
This is a strange issue -- you paid an $80 deposit. What was the deposit for? Damage? Application fee? If the former, then she may have to return that $80 to you, since you didn't damage the apartment. On the other hand, if' it's a "security deposit," it may be a different story.
So then you write a check for $350 in rent, for "good faith money." What's this "good faith" that you mean? That you're good for the first month's rent? Well, if that's the case, she should be able to cash it; since you didn't move in, you didn't take the place, and the "good faith" or "earnest" money is forfeit. (This could be expressed as: Because she rented to you, she lost other opportunities to rent in August... because you backed out late, she was damaged).
If this was a "RENT" payment that was prepaid (just so she had a check from you once you moved in without having to hound you for first month's rent) and you didn't have any agreement, and you told her not to cash the check until you took possession, then your argument may have some validity.
A third way to look at it is to see this agreement as a month-to-month lease. Usually leases not in writing are presumed to be month-to-month, terminable at will by either party with a month's notice. You and she had a contract for August 15-September 14, and you made a payment for possession on that time. When you cancelled, you told her that you were terminating the month-to-month tenancy, but you had a valid contract for that first month. Thus, the $350 is hers, except for the fact that there may be local regulations requiring her to "cover" when you breach the lease agreement (i.e. place advertisements, find someone else to lease the premises). If she failed to do so, then your damages could be reduced by the amount that she could have received had she attempted to cover.
All of this really depends upon the local landlord-tenant law, which only an attorney in your area can adequately advise you on. Please seek legal assistance -- even from a legal aid society, who has lots of experience in these areas.
From a practical matter --
(1) Don't admit "bad on your part." People breach contracts all the time... and sometimes it's better to breach than to fulfill. So it's not necessarily a "bad act," but the nonbreaching party may be entitled to damages resulting from the breach.
(2) Think about it from her side. She has a rental property that she wants to make money on. She gets some sort of oral guarantee that you ARE going to be there and pay rent. And then you back out. Has she been harmed? What has she lost? What is her reasonable recourse? And then think of it from your side again -- what if, two days before you moved in, she called you up and said "oops, I found someone else to rent it earlier and at $400 a month." What recourse would you have? If the contract is BINDING for her (i.e. she would HAVE to let you in no matter if she found a better tenant), is it BINDING for you (i.e. you have to pay, at least what you promised, even if you decide not to move in at the last minute)?
I'm not suggesting any course of action by these questions, but they're things you want to think about before going before a judge in small claims court or when talking to an attorney about your issue.
Good luck.
2007-09-04 10:20:14 · answer #1 · answered by Perdendosi 7 · 0⤊ 0⤋
Did you have a verbal agreement that the $350 would be forfeit if you did not move in? In a lot of states, a verbal agreement is still binding (although a lot harder to prove).
2007-09-04 09:58:32 · answer #2 · answered by Michael C 7 · 0⤊ 0⤋
I think you are fine as long as you did not agree to forfeit the money. She can take your application fee, but any deposit should only be held to ensure you do not damage the property. I think she is just trying to scare you. I would let her take me to court if she wanted to. She would have to pay costs and be repsonsible for proving her side. The worst that could happen is she gets the money. So, don't gove it to her up front, let her fight for it.
2007-09-04 10:02:21 · answer #3 · answered by NickG 3 · 1⤊ 0⤋
They should have copies of the original paperwork and your signature.They also have your address. Consult the trading standards office for advice.
2016-05-21 04:04:05 · answer #4 · answered by ? 3 · 0⤊ 0⤋