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blu_id_irish | Termination of agreement before Lease is signed??? |
Is there a stated time that the would have landlord has to give back the deposit. We have no signed lease, I have absolutely given her a signed formal letter stating that we will no longer be renting the dwelling and have asked her for the deposit back. Now as a catch up, I have previously asked a question about a possible landlord that has too many no's and orders and even wanted us to keep the electric & water bills in her name to get away without paying the cap. Gains tax. She stated that we did not have to do it, but that was the straw that broke the camels back, so to speak... We have not moved in just put down a hold deposit.
I believe that we are due the entire amount back regardless of the time that she says we have now wasted of hers. And the money that she will need to put back up to re list it on line...
just making sure that she does not have a leg to stand on here...
Additional Details
We have a receipt for pymt that states it is to hold the property for the rental, and I have kept every email that she has sent to me. Even the one asking about the taxes. We have not stepped foot in the home, except only to look at it. None of our property is in the home, nor did we have to pay for a credit app. There were no fees involved with our transaction, she just wanted to have the deposit to hold it... |
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bigpuppax
|
You gave her money without any type of written agreement? Even a hold agreement?
Edit #1 - Unless there is something substantially wrong with the place, she may be entitled to your deposit. If not, and you are canceling in good faith, you should be able to get your deposit back.
Edit #2 - To all those people asking about the utilities and what they have to do with capital gains - It appears that this is a lady renting out her own house, where she has been living. When she sells it, she can avoid paying capital gains taxes provided she has been in occupancy for two years. She is probably trying to establish a long enough occupancy record by keeping her name on utility bills. |
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Landlord
 |
You did not give dates so I am just infering from what you said.
You must have the capital gains tax confused, power and water have nothing to do with it. Some cities require that the owner pay the water bill (mine does), but electricity is optional (to have) so the renter pays that. The owner HAS to pay the water bill to assure that the sewage system stays operational. My city had a problem with illegal alians not paying those bills and using alternative methods (very gross ones) of waste removal.
But I am digressing....
From what you said she can keep one months rent, as she held the property for you. In most states she is NOT entitled to advertising fees though, she can not charge you for listing online.
Although you did not sign a lease it sounds like you had a verbal agreement that you would be renting her property and those are binding as well, but limited by local laws. |
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acermill
|
Your deposit is most probably non-refundable. Landlords have a right to retain such deposits due to removing the property from the market, credit checks, and other assorted costs. Now withstanding that she seems a bit weird, you should be prepared to kiss that deposit good bye. |
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bostonianinmo
 |
If you gave her a deposit to hold the property and then you failed to execute the lease, the landlord generally can keep the deposit unless state law or local ordinances say otherwise.
Her leg is the stronger one in this situation, sorry.
I have no clue what you're talking about with the utilities and capital gains tax. That's just jibberish. Utilities have nothing to do with capital gains. |
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Barbie
|
The laws can vary from state to state. I would suggest you go the link below and look up the laws for your state. |
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themovieguy73
|
huh?
proofread first
if you gave her money and dont move in thats your loss |
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DennistheMenace
|
1st part only....you have 2 strikes against you....it is a gimme that 30 days after you move, had given 30 days notice, did a condition walk-thru, and took pictures, you get your dep. back, if all was ok. but if you didnt do that.....she can say anything and youcant prove different...CYA |
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spadezgurl22
|
not quite sure, being that you gave her money without a signed agreement will be your word against hers. yes she shoudl return it back, but she might charge you for each day the apartment was off the market for holding it for you. which is fair and legit. really you should call her and tell her the reasons why your not taking the place, just tell her its too much hassel to agree upon and u would ratherlive somewhere else. ur in a sticky situation. be carefuly about how u approach it bc she could go all psyco on you and refuse to give back the funds since she took it off the market for you.
worse case scenario if your paid by check (which wouldve been the smart thing to do, pay 30 bucks and cancel the check) |
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Tim
 |
Did you fill out an application that required the fee at that time?
If this was just you handing her a check for the understanding it was a deposit on renting the place and you didn't sign anything then you probably have a chance at getting your money back. Most likely though you will have to go to small claims court to get it if she continues to be less than helpful.
Hopefully you have proof of her requests to keep the utilities in her name, more than likely though it was just a verbal request. Try and document every interaction with her, when and where it occured and what you talked about so if it does go to court you are prepared.
FYI: I am by no means any sort of legal person so don't take this to the bank. Just my input after dealing with a crappy landlord as well. |
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