Do I have a small claims case against a landlord?

[mharrod32]

On 10/28/09, I gave an $895 security deposit on a home in St. Joseph, Missouri. I did not sign a lease.

About a week later, I called the landlord to let him that we decided not to get the home. He tried to negotiate, but we weren't able to reach a compromise to reflect our new circumstances. After much haggling, he gave us back half of our security deposit.

Are we entitled to the entire amount back? Do I have a case in small claims court?What is the name of your state (only U.S. law)?

 

[Andy0192]

Why would you give a security deposit on a home you did not intend to lease?

Answer: It was earnest money.

You wanted to make sure nobody else took the home you wanted to rent. You wanted the Landlord to take the house off the market & keep it for you until you could decide what you were going to do.

You decided not to rent. The landlord DID negotiate with you and you accepted half.

 

[mharrod32]

We did not go into getting the home so we could break the lease. Circumstances changed - quickly. We did not sign a lease. We let the landlord know as soon as we knew we couldn't get the home (one week later).

 

[Zigner]

We did not go into getting the home so we could break the lease. Circumstances changed - quickly. We did not sign a lease. We let the landlord know as soon as we knew we couldn't get the home (one week later).

The answer doesn't change.

 

[sandyclaus]

On 10/28/09, I gave an $895 security deposit on a home in St. Joseph, Missouri. I did not sign a lease.

About a week later, I called the landlord to let him that we decided not to get the home. He tried to negotiate, but we weren't able to reach a compromise to reflect our new circumstances. After much haggling, he gave us back half of our security deposit.

Are we entitled to the entire amount back? Do I have a case in small claims court?What is the name of your state (only U.S. law)?

A security deposit was given to hold the property and prevent the LL from renting to someone else. When he accepted that deposit, he stopped advertising or entertaining other offers, because he thought he had secured a tenant. He didn't anticipate you pulling out and forcing him to locate a new tenant to take your place.

For all intents and purposes, that LL is entitled to rent for at least 1 month, plus reimbursement of all expenses associated with advertising and screening more potential tenants to replace you. That probably cost him more than the deposit you gave him.

Consider yourself lucky they settled for only 1/2 of that deposit and move on. You're wasting your time thinking you're entitled to more.