Rental Contract

[janene1242]

What is the name of your state? Kansas

I signed a lease and paid a deposit for a house that is still under construction. I decided it wasn't big enough and notified the leaseholder in less than 24 hours. They refuse to give me back my deposit until someone else rents this property. Can they do that?

 

[JETX]

Unless there is some provision to the contrary in the lease you signed, yes they can hold you to the lease. And this includes the deposit so that they can deduct any damages (unpaid rent) from it.

 

[janene1242]

But how can they claim unpaid rent/damages on property that is not livable yet? The house is still being built and they don't even need it rented until August.

 

[HomeGuru]

Since there is still a lot of time to re-rent the property, chances are the property will be rented again prior to the completion date, at which time you will be entitled to the return of your deposit.

 

[janene1242]

That's the problem though. I have to be out of my current apt in 3 weeks. I cannot get another place without them returning the money to me. I can't wait until someone else signs the lease.

 

[HomeGuru]

That's the problem though. I have to be out of my current apt in 3 weeks. I cannot get another place without them returning the money to me. I can't wait until someone else signs the lease.

**A: that is not the landlord's problem. You are the one that wants to default.
Is the property going to be ready to move into in 3 weeks? When were you contracted to move in and what do you mean "they don't even need it rented until August?"

 

[janene1242]

1: they said they would "try" to have the property ready by the time I needed to move in--there is no guarantee.
2: I am contracted to move in no later than May 15
3: I am doing them a favor by not moving in because they really didn't want someone to move in until June for building purposes. They don't need someone to move in until no later than August--I live in a college town so almost all places are rented by August for school.

 

[JETX]

Then you should have put a 'time available' clause in your lease. Without one, you are on the hook until 'whenever'.

 

[HomeGuru]

Whenever the property is rented again.