northcarolina
on feb 25 2010 i signed a lease which was to start on march 1 2010. i paid a 600.00 security deposit to the landlord. on feb 27 2010 i called and told him i didnt want to move into the house and asked for my deposit back he will not give it back to me. at the time when i sign the lease he already had a tenant staying in the house she was due to move on feb 28 2010 thats why my lease couldnt start until march 1st. dont he suppose to give me my money back??
No, he don't suppose to (sic) give you your money back.
You signed a lease, a legally binding contract, to rent from this person. The security deposit you paid serves as security for the premises you agreed to rent.
You chose to sign the lease, to commit to renting from this person. You made a commitment to commence renting from them as of March 1st, and they are counting on that commitment by taking the property off the market to other potential renters.
But you decided to change your mind. If you weren't absolutely sure about keeping your commitment to rent this place, you should never have signed a lease with them. Now, the LL must re-advertise and screen more tenants to find someone who will take the place. Chances are, with the short notice you gave them, they will be unlikely to find someone willing to move in as soon as the 1st, so your decision to back out is going to cost the LL money out of their pocket.
The law says that the LL can hold you fully responsible for fulfilling the contract (lease) that you signed with them, and holding you liable for paying the rent until either the end of the lease term or until a new tenant can be found to replace you, whichever occurs first. If you're lucky, that will happen within 30 days, but depending on the neighborhood and the situation, it's entirely possible that will take longer. Consider yourself lucky that they are willing to keep the security deposit and not charge you more - because they could do so, and it would be perfect legal to do so.
