I agreed to rent a room from a woman on saturday. I paid her the depost on monday, after i was out of work. 36 hours after i gave her my deposit, my car breaks down and, ironically, is costing me the exact same amount at my move in expenses (400 for depost, 450 for first months rent.) She is saying she held the room for me for 4 days since she told me last friday that i could have the room. I told her at the time that I had other places to check out, so I wouldn't have my decision until sunday. I ended up accepting her offer on saturday. I paid her the depost on monday. I've only been under the landladyship for 36 hours and signed the lease 36 hours ago. She wants to hold $60 for the 4 days that she held the room for me. Is this legal?
2007-10-24 07:53:01 · 6 answers · asked by Malina 7 in Politics & Government ➔ Law & Ethics
It was a month to month lease. It only stated house rules.
2007-10-24 08:04:44 · update #1
I only paid the depost. I have not moved into the place. I was to pay her the first months rent at the time of move in which was Nov 3rd.
2007-10-24 08:05:36 · update #2
POSSIBBLY--read the 2 scenarios I have below
be lucky for that.
you signed a lease and youre probably obligated to some type of advanced warnign period, like 30 days on most leases.
If shes asking for $60 .. I would say youre getting off pretty good.
Sorry it's bad to admit, but if you signed a lease 36 hours ago, you still signed that lease.
You agreed to its terms.
In that you started your month to month.
and in that theres probably a 30 day clause.
So in fact the landlady could ask for $60 more dollars on top of keeping the first months rent.
I dont have your lease in front of me, but thats probably the case.
So quit while youre behind.
take th loss and be glad its not more.
Hope Im wrong...but I might be right on the money.
DID YOU PAY THE DEPOSIT PLUS THE FIRST MONTH RENT???
AND DO YOU WANT YOUR DEPOSIT BACK, and are leaving the first month rent behidn with her??
Because if thats the case....She cant charge you for the amount she held the room...she can only hold you to the first month rents.....and possibly the 36 hours past the first day of the lease month that you went over to give her 30 days notice.
So she can only charge you for
1 month Rent
+
Prorated share of days to make 30 days notice.
thats all.
Is she held the room 4 days before you signed the lease, and you have not agreed to pay for those days..she cant hold you for that.
Hope that makes sense
2007-10-24 07:59:35 · answer #1 · answered by writersbIock2006 5 · 1⤊ 0⤋
Yes, she has the right to hold $60 and be thankful she doesn't take the whole deposit if the lease was for a determined time, ie: six months or a year.
2007-10-24 08:02:07 · answer #2 · answered by Diana C 4 · 0⤊ 1⤋
I don't think so. In many areas, deposits can only be used for damages done to the residence. She was under no obligation to hold the room until you paid the deposit.
2007-10-24 08:00:36 · answer #3 · answered by sensible_man 7 · 1⤊ 0⤋
If you signed a lease she can keep your entire deposit. Otherwise she can charge you rent for the entire month as you did not give proper notice. Be happy she is only keeping $60.
2007-10-24 08:00:20 · answer #4 · answered by davidmi711 7 · 0⤊ 1⤋
Be lucky she is only holding that - she could hold it all plus charge you for a portion of, if not all the lease.
2007-10-24 08:02:06 · answer #5 · answered by Susie D 6 · 0⤊ 1⤋
only if you agreed to a non refundable deposit to hold the property.
2007-10-24 07:59:43 · answer #6 · answered by Anonymous · 0⤊ 1⤋