Haven't signed the lease yet (can I get my security deposit back?)

[chebden]

What is the name of your state? PA

I put a security deposit down to receive the lease. After reading the 1-year (+17day) lease, I relized, I would not be able to stay for the full term and would end up breaking the lease. It is over a month before the move-in date and I have not signed the lease.

The landlord told me I could assign the lease to someone if I have to exit the lease early. I asked if I could assign it to someone before I signed the lease and moved in (that is, find another renter so they get the same rent). She said that I had to live in the apt for at least 6 months before being able to assign the lease.

Do I have any rights or ways to get the security deposit back? I am willing to advertise and find a renter. Also, how much notice do I have to give her that I will not be signing the lease? What do I need to be careful for to ensure I will not be breaking any laws or getting myself into a further economic commitment? (Just had a negative experience with a previous landlord and am now much more cautious.)

Any help or advice is appreciated.
Candice

 

[demartian]

No Lease

If there is no lease on a rental agreement, it is usually a month to month rental in which you can give the landlord 30 days notice in writing to exit the rental place.

Since you are 30 days before moving in to the location, I believe that you can just send them a Certified Letter Return Receipt that you are giving her more than 30 days notice that you will not be living at the location, state how much security deposit you gave them and that you will be expecting that back in a timely manner.

You could always ask them for a ## month lease instead and see if that works better. There are 3 or 6 month leases for many reasons, here, it is due to the large number of people renting before moving into newly constructed houses.

 

[chebden]

actually there is a lease -- I just haven't signed it yet (since it starts Oct 15 and I wanted to review it first).

Are you saying that before I sign the (1+ year) lease, I'm in a month-to-month rental aggreement? And that I can give notice before moving in?

Am I actually under any agreement? Since I just put the security deposit down to hold the apartment?

 

[demartian]

No Lease

No, you aren't bound to any lease. But to cover yourself, make sure to send that CRRR letter so that should the LL claim you verbally agreed to a month to month setup, you are easily covered without any question.

 

[Who's Liable?]

No, you aren't bound to any lease. But to cover yourself, make sure to send that CRRR letter so that should the LL claim you verbally agreed to a month to month setup, you are easily covered without any question.

Quit confusing them...

OP is under NO lease term either verbal OR written, therefore, they have NO contractual obligation to the LL. OP is asking if they are entitled to a refund of the security deposit they have given the LL in anticipation of leasing the unit. If NO lease was signed, and NO documentation was signed by the OP regarding forfieture of the deposit, than YES, they are entitled to a refund of their depoist, minus any fees outlined by the LL/T laws of their state.

 

[chebden]

Result

I wanted to post what happened in case anyone comes across this issue in the future.

I wrote my to-be landlord a Certified Letter informing her I no longer wanted to sign the lease. She [angrily] called and stated the deposit was a 'deposit to hold' rather than a 'security deposit' and that upon signing the lease, the 'deposit to hold' would transfer to a 'security deposit.' Hence, I am not entitled to the return of the deposit.

In the future, I will make sure to demand to read the lease before putting a 'deposit to hold' on an apartment. I guess that's just the, albeit high, price to learn this lesson.

Thank you everyone who helped me.
Candice