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Old 03-10-2009, 11:58 PM
 
13 posts, read 46,352 times
Reputation: 11

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Hi i put down $1000 security deposit for a home rental. Well today my mortage co called and thinks i may be able to save my house. I called to get my deposite back on the rental and they said i was responsible for one months rent because they had taken it off the market for a week.

My receipt doesn't say non-refundable. Can they keep my money? I feel obligated to pay maybe $100 but they want to keep $900 and that's a alot for me right now.

I didn't sign a lease or rental arement.
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Old 03-11-2009, 04:04 AM
 
Location: Maryland
1,667 posts, read 9,379,501 times
Reputation: 1654
This could be interpreted as your 30-day notice, whereas you'd use a month's rent. And, the security is to safeguard both you and the homeowner. You may not win, but for $1000, you could take them to small claims court. That's the only way to dispute this. Otherwise, you've already lost. Hope a judge meadiates somethng that you and the landlord are happy with. Security Deposit Guide Security Deposit Law
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Old 03-11-2009, 07:33 AM
 
Location: Downtown Orlando, FL
573 posts, read 1,689,426 times
Reputation: 549
You say you didn't sign anything, I think you're safe. They'll probably keep that 100 bucks, though....
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Old 03-11-2009, 07:37 AM
 
2,224 posts, read 3,612,226 times
Reputation: 782
Yes you are entitled to your money back. A security deposit is kept in case you do any damage to the property or you bail out prior to the end of your lease without notice. If you have not taken possesion of the property and have not signed a lease you are entitled to your funds. Did you sign a lease? Did you sign anything that stated the deposit was not refundable?
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Old 03-11-2009, 12:00 PM
 
13 posts, read 46,352 times
Reputation: 11
Quote:
Originally Posted by Speedaddicted View Post
Yes you are entitled to your money back. A security deposit is kept in case you do any damage to the property or you bail out prior to the end of your lease without notice. If you have not taken possesion of the property and have not signed a lease you are entitled to your funds. Did you sign a lease? Did you sign anything that stated the deposit was not refundable?

No i didn't sign a lease. I didn't sign anything that stated my deposite was non-refundable. My receipt says for security deposit.
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Old 03-11-2009, 12:54 PM
 
Location: Michigan
32 posts, read 107,060 times
Reputation: 20
They are stealing your money. Don't offer any money as it may come back to sting you later if you go to court. Of course, IANAL.

Quote:
Originally Posted by gogowarden View Post
No i didn't sign a lease. I didn't sign anything that stated my deposite was non-refundable. My receipt says for security deposit.
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Old 03-11-2009, 01:30 PM
 
28,113 posts, read 63,642,682 times
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Be careful because Rental Law varies from place to place.

Here is what California has to say...

A holding deposit merely guarantees that the landlord will not rent the unit to another person for a stated period of time. The holding deposit doesn't give the tenant the right to move into the rental unit. The tenant must first pay the first month's rent and all other required deposits within the holding period. Otherwise, the landlord can rent the unit to another person and keep all or part of the holding deposit.

California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/looking.shtml - broken link)
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Old 03-11-2009, 02:47 PM
 
2,224 posts, read 3,612,226 times
Reputation: 782
Quote:
Originally Posted by Ultrarunner View Post
Be careful because Rental Law varies from place to place.

Here is what California has to say...

A holding deposit merely guarantees that the landlord will not rent the unit to another person for a stated period of time. The holding deposit doesn't give the tenant the right to move into the rental unit. The tenant must first pay the first month's rent and all other required deposits within the holding period. Otherwise, the landlord can rent the unit to another person and keep all or part of the holding deposit.

California Tenants - California Department of Consumer Affairs (http://www.dca.ca.gov/publications/landlordbook/looking.shtml - broken link)
Keep in mind that a HOLDING DEPOSIT and SECURITY DEPOSIT are two totally different.
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Old 03-11-2009, 02:52 PM
 
Location: Maryland
1,667 posts, read 9,379,501 times
Reputation: 1654
Quote:
Originally Posted by gogowarden View Post
No i didn't sign a lease. I didn't sign anything...
Without a lease, you are a "Tenant At Will", and probably would be considered a month-to-month renter with specific regulations for written notice of moving, as Ultrarunner said, depending on the state. Having never actually paid rent or moved in may be incidental. I've had several tenants move in and never pay rent, and probably never did, before or since. It takes just as long to evict them as if they were a long-term renter who suddenly quit paying.
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Old 03-11-2009, 04:18 PM
 
13 posts, read 46,352 times
Reputation: 11
Quote:
Originally Posted by ESFP View Post
Without a lease, you are a "Tenant At Will", and probably would be considered a month-to-month renter with specific regulations for written notice of moving, as Ultrarunner said, depending on the state. Having never actually paid rent or moved in may be incidental. I've had several tenants move in and never pay rent, and probably never did, before or since. It takes just as long to evict them as if they were a long-term renter who suddenly quit paying.

I was to sign a year lease but i backed out before signing the lease.

Also my recept says security deposit. Not holding deposite.
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