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Bob R | Never Signed a Lease ! Never Moved In !? |
New Hampshire RE Rental question? I placed a $200 deposit for an apartment. The landlord and I could not find time to meet to sign the lease. He dropped the keys and lease at my current apartment. I did not like the wording of the lease so, before signing lease I checked out the apartment to make sure it was satisfactory. I noticed low water pressure and thin wall between apartments(Noisy Neighbors). I decided not to take the apartment. I informed him and return keys to him. He now states we had a verbal agreement and I have to pay him rent until he rents the apartment. I never signed the leased or delivered it to him. I told him he could keep the $200 deposit a gesture of good will.
First do I owe him money until he rents it?
Second, Can I get my $200 deposit back?
Additional Details Thanks for all your responses so far:
Here s an update: The times you were suppose to meet to sign the lease, he had to cancel our meeting. I did not receive the lease until Sept 2.
I saw the apartment twice but each time it was being renovated, so i could not fully checked it out until I had the lease in hand.
Terms of the lease that did not approve of :
1. Taking the apartment as is (which i did not see in its fully finished state)
2. paying for all repairs under $100
3. responsible for all plumbing problems unless it was main line.
On receiving lease, I checked out the apartment and that's where I notice no water pressure in all plumbing faucets. I also heard the next door neighbors playing music and talking like they where in the room with me.
Here the one mistake I did make, I did not get a receipt for the $200, so there is no proof I gave it to him( Good?, Bad?)
I will send him a certified letter describing why I did not take the apartment. |
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Maryn Bittner
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A verbal agreement isn't worth the paper it's written on. He's got nothing.
I don't know the law in your state, but in New York, you could get the $200 back, although you might have to go to small claims court to do it. |
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mlpaige317
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You do not owe him anything since it was not a written agreement assuming of course that you did not sign any paperwork at all like an application, etc. which had conditions in it if you did not rent the apartment.
Along those same lines you would get the $200 back unless it was listed as an application fee, credit fee, etc. in any paperwork you signed. You may have to go to small claims court to get it though. |
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GWB
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If you filled out an application and he held it off the market, you really need to check your local laws.
My official state apartment association application has a place to put in a date, after that date you lose all deposits.
By pacing a deposit you proved an agreement was in place.
People do not leave deposits for nothing.
The landlord found the time, you did not.
Low water pressure could be a clogged aerator on the faucet and or bad stems.
Easy fix.
Most apartments you are going to hear noise and that is no break the deal item.
So, you are the deal breaker in this case.
You really need to goggle search your States Landlord Tenant laws.
Good-luck
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Confused
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NOTHING IN WRITING means NOTHING!!! You don't owe him anything and get your $200 back!!! |
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Classy Granny
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No, you don't have to pay rent until he gets it rented, He has a right to keep the deposit, that is seldom returned. |
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goz1111
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Under the fact pattern described you potential landlord is whacked, be glad you did not rent from him
If the landlord tries to move ahead with a suit, he will try and claim that when he dropped of the keys you had a deal, that is his only shot. Your point is simply until you had a chance to read the terms of the lease we have no lease, you have no meeting of the minds, essential requirement in any contract even verbal.
The fact that the landlord decided to drop off the key with the lease to sign, was a wrong assumption for the landlord to make
As toward the monies paid for deposit, my bet there is no receipt for the monies? There is no wording saying non-refundable? If so definitely counter if he tries and sues you |
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chatsplas
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NO CHANCE on $200 return. LL kept property off market due to you saying you would take it and your deposit. If no written contract on deposit, just assume it's his and he keeps it.
With real estate, need written documents to enforce. So LL has low chances of prevailing over you without a signed lease, even though you did have an oral agreement and YOU have reneged upon it. Since you paid the $200, he might even prevail in court, but that means court costs and wasted time, and it's he said/I said problem.
Suggest you send him written notice confirming your verbal notification that you have decided not to take the apartment, returning lease and that you understand your $200 deposit is forfeited. |
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Ed Atun
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You did not have a verbal agreement. Your deposit , by law, is refundable unless it clearly says Nonrefundable on some written agreement or on the check itself.. |
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