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Additional Details
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la_boricua0692 | They want to keep our deposit! we havent even signed a lease!? |
They want to keep our deposit! we havent even signed a lease!?
we put a security on a house we were going to rent this past saturday, they don't want to give us back our money now. My fiancee lost his job and they don't want to give the security back! we haven't signed any lease, and all we have is the receipt the landlords daughter typed up ...she contracted someone to have the house painted without her father knowing, and because of that we cant get our money back? We never asked to have that house painted. It was all her saying. He said he'll give us 750, we gave him 1550! is this legal? can they just take our money?
12 hours ago - 1 day left for voting
Additional Details
49 seconds ago
there was no contract ever signed. no lease. just a receipt stating that i was giving 'her' 1550 as a security deposit for the apartment. And that the first months rent would be given Dec. 1rst. I signed and she did. There was no other verbage of forfiture...nothing. She didnt ask for liscences or anything...social security, pay stubs, nothing. |
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Landlord
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It is odd that she did not verify you were who you said you are, your employment, credit, etc.
Verify that she owns the place, ask the County Recorder.
Typically you do lose one months rent in the deposit if they held the rental for you but you recanted on wanting the unit. You do not need verbiage, it is covered under the law. I have my tenants sign that they know this, but just to make sure they understand, not because it is required. |
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redbarchetta62
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talk to a lawyer ,some lawyers give you the 1st consultation for free bring all your Documentation and good luck rompele el .... |
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goz1111
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I would sue in small claims ASAP, since it seems the receipt for the monies did not have wording to the effect non-refundable holding deposit, plus until you read the lease and signed off on the terms you have no contract written nor verbal, since you have no meeting of the minds so she can not hold you to a contract to rent when you never agreed to the terms |
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Classy Granny
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Landlord is right. You can be glad they are willing to give you back the $750. Rightfully they could keep the full deposit. I am a landlord |
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Expert Realtor
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Until you sign a written contract you STILL had a verbal contract the second the second you handed a check over.
If your occupancy date is December 1st, the landlord has an obligation to try to re-rent the property for December...if the landlord cannot, then you ONLY owe for December rent and not one dime more, because no lease was signed.
If the landlord can re-rent the property, then they owe you the entire deposit back...every penny.
If you take the $750 now, you can't sue for more later, IF you are entitled to more.
You didn't state what your monthly rent was.
Don't assume that b/c you didn't have a written lease that you had no contract b/c you did have an oral one, which can be proven by the check you wrote. |
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estielmo
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Quit whining and simply take them to Small Claims Court. |
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Bibs
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They are probably going to try to keep the deposit because you reneged on the deal. |
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inquisitive1
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NO they cant just keep your money. I have rented places before and at the end of my lease I get my deposit back if there is no damage done to the place. (even if I have lived there for years) The deposit is not to hold the place it is to pay for damages that may occur while you live there that are your fault. They may be able to keep first months rent but can not withhold your deposit. If you did not live there did not cause damage they cannot keep your money. I would debate the issue with them get an attorney to write them a letter and if that doesn't work take them to small claims court. You can look up the laws on this online. There are standard practices courts go by if there is no lease. Usually in a lease it states you will get your deposit back. |
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VedaTec
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have someone call in the middle of the night... let them know she can pay the money back or have visitors.
Not that I ever did that...
I'm going through a simliar experience now, but fortunately for me, the landlord is scamming the government in how he's renting the apartment.
I let him know he can either pay me the few thousand or pay the government the several thousand and go to jail after I call and report him.
When you've tried to place nice and it doesn't work, well... they are giving you permission to play dirty. |
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Sophs87
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no this is illegal, go straight to your citezens advice buruo and they will tell you what to do, this is a common occurance as not when you rent though a estate agent you deposit doesnt go the the landlord it stays in a different company, then when you leave the landlord has to ask your perrmission to take some of the money if you say no they take you to court,
if you have not signed anything then they ar not allowed to keep your deposit! good luck |
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Alterfemego
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I would file a police report. They can't do this. I would also file a civil complaint and if nothing else take them to court. |
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Angela
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I'm afraid it is legal for them to keep it. By giving the deposit, you agreed for them to 'hold' the house for you until Dec. 1. It was a verbal agreement that you would be moving in so they stopped searching for other prospective renters. |
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