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Security deposit being held with no lease

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jjnadams223

Junior Member
What is the name of your state (only U.S. law)? MARYLAND
I recently put a deposit on an apartment a week ago in the amount of $1195, I have come into some major financial issues and can no longer take the apartment. I let the landlord know and asked for the deposit back and he is refusing stating he held the place for a week and took it off the market. The only thing we signed was a receipt of the Deposit. It states that if i am not approved the money will be refunded and if I approved it will go towards the security deposit. Also it says that if I do not provide all the supporting information in the required time he can forefeit the lease and keep the money. I does not say anything about if I decide i don't want the place. Can he keep my deposit? If not what can I do to get it back? I have two kids and rely on that money.

Jenn A.
 


jjnadams223

Junior Member
GAIL:

I was supposed to move in this Friday and it wasn't on the receipt i signed stating it was a "holding fee"

Jenn
 

RRevak

Senior Member
What is the name of your state (only U.S. law)The only thing we signed was a receipt of the Deposit. It states that if i am not approved the money will be refunded and if I approved it will go towards the security deposit. Also it says that if I do not provide all the supporting information in the required time he can forefeit the lease and keep the money
The bolded makes it sound like it was indeed a "holding fee" pending credit approval and background check.
 

jjnadams223

Junior Member
The bolded makes it sound like it was indeed a "holding fee" pending credit approval and background check.
So what does that mean? That's exactly what happened. I gave the deposit and he did the application and called me 3 days later and said i was approved.
 

Ohiogal

Queen Bee
So what does that mean? That's exactly what happened. I gave the deposit and he did the application and called me 3 days later and said i was approved.
Then it goes towards the deposit. Hence you owe 30 days notice on a month to month and he can charge you a month's rent. Though if rent was due on the first of September (prorated for August), you owe through October 1.
 

jjnadams223

Junior Member
Then it goes towards the deposit. Hence you owe 30 days notice on a month to month and he can charge you a month's rent. Though if rent was due on the first of September (prorated for August), you owe through October 1.
I never signed a lease. I dont understand how he can keep a deposit for something that I never leased. He wanted a double deposit and first months rent upon signing the lease.
 

Ohiogal

Queen Bee
I never signed a lease. I dont understand how he can keep a deposit for something that I never leased. He wanted a double deposit and first months rent upon signing the lease.
You entered into a VERBAL contract. YOU had a contract. YOU were month to month. You owe for August and September if you wanted to move in this Friday.
 

jjnadams223

Junior Member
You entered into a VERBAL contract. YOU had a contract. YOU were month to month. You owe for August and September if you wanted to move in this Friday.
VERBAL contracts don't hold up in court so I guess I will get a lawyer. The contract I signed stated NOTHING about what happens if I want out and NOTHING about month to month. I still don't understand why he is able to keep money when I have signed no lease nor have I moved in.
 
Last edited:

Zigner

Senior Member, Non-Attorney
VERBAL contracts don't hold up in court...
That is exactly opposite of reality. Verbal contracts can and DO hold up in court. It is fact specific, and the facts you have presented seem to show that you are not going to get the money back. Maybe it's time to negotiate.
 

Gail in Georgia

Senior Member
Month to month tenancies are those that do not have to be written leases. They are very common.

Please keep in mind that, unlike a few other contracts, real estate contracts such as leases do not have a three day "cooling off" period where someone can change their mind regarding such a contact.

Gail
 

jjnadams223

Junior Member
Month to month tenancies are those that do not have to be written leases. They are very common.

Please keep in mind that, unlike a few other contracts, real estate contracts such as leases do not have a three day "cooling off" period where someone can change their mind regarding such a contact.

Gail
THank you all for the advice, I'm taking him to court.
 

Gail in Georgia

Senior Member
"THank you all for the advice, I'm taking him to court. "


You have two children and rely on that money, have major financial issues and can afford an attorney?

Why don't you simply take the rental unit for a month, give the appropriate written notice to terminate a month to month tenancy and find a less expensive place?

Gail
 

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