Private Party Landlord keeping deposit after we backed out of moving in.

[bibbymax]

Arizona
I was going to rent a home from a private party. I gave the party a security deposit of $1000. The previous tenant moved out on 1/13 and I was suppose to take possession of the home on 1/18. However, the private party still had not completed the repairs and cleaning of the house and wanted to do this while we were going to being in our lease because they didn’t want to turn power and water on in their names. I requested we extend the move in date to 1/25 however the private party did not want to do that because they had to pay their mortgage. I said I would turn the power on in my name on the 18th and move in on the 22nd. The 22nd came around and things were still not done. We were doing our “walk through” and things we pointed out that we felt were dangerous (the window in my three year old son’s to be room was not secured it wobbled if you touched it, the wooden fence that was along one side of the house was very weak and not sturdy at all and the neighbors had a unfenced pool). We were told that they lived in the home for 18 years with their family and didn't have any issues with these things. We took the keys to the house and I gave the private party the first month’s rent check with instructions not to cash it until I let her know. She indicated that they would be back for the next few days doing repairs, fixing sprinklers, etc. The water wasn't turned on in my name until the 23rd so they couldn't fix the sprinklers because of that. My husband went to the house on the 23rd to drop off a desk and to check things out again. The private party was still inside the home now trying to paint the interior of the home. The fence and window concerns were brought up again along with the other things we found were wrong with the house and my husband was told that either her son lived in the room with no problems with the window and that the fence hasn’t fallen so it won’t be a problem. All other repairs they would do a minor fix and if anything happened to where the fix wasn’t successful, they would figure out what to do next.
We decided to not move into the home since our concerns were not being addressed from the very beginning. I notified her by phone on the 23rd of our intentions to not live in the home because it was not safe and things were still not complete in the house that needed to be fixed. She indicated again that my concerns were not valid since her family lived in the home with no problems for 18 years. She indicated that she would keep our deposit (money orders). The deposit was a security deposit for damages and not a earnest deposit. We did not have a signed contract between us. She gave me a blank contract when I gave them the deposit and was asked to fill it in with information when we got closer to the date of move in. She had signed the contract when she gave it to me.
Do I take her to small claims court to get my deposit back?

 

[Gail in Georgia]

"Do I take her to small claims court to get my deposit back? "

Yes; if you believe you are owed your deposit back and the landlord refuses to provide this.

Gail

 

[BL]

You gave a Security deposit plus first months rent.

The place was NOT ready on move in dates .

Start by sending a request letter ( Return Receipt Requested - Certified )for the return of both rent and SD amounts you paid, stating the landlord has 3 business days after the receipt of the letter, or you will file a lawsuit for their return,because the home was not move in ready on the move in date.

Keep a copy of the letter and the receipt it was picked up by the LL. to take to court.

If the letter is returned without being picked up ,keep it unopened for court.

 

[aldaron]

Seems the house was off of the market for at least 2 or 3 weeks. Thats worth something to the LL. Could have rented it out to more stable renters in that time instead of flakes.

 

[Zigner]

Seems the house was off of the market for at least 2 or 3 weeks. Thats worth something to the LL. Could have rented it out to more stable renters in that time instead of flakes.

You didn't happen to READ the post, did you? The property wasn't ready for move-in yet.

 

[Searchertwin]

The 22nd came around and things were still not done. We were doing our “walk through” and things we pointed out that we felt were dangerous (the window in my three year old son’s to be room was not secured it wobbled if you touched it, the wooden fence that was along one side of the house was very weak and not sturdy at all and the neighbors had a unfenced pool).

We took the keys to the house and I gave the private party the first month’s rent check with instructions not to cash it until I let her know.

Once you ACCEPTED the keys AFTER a walk-through, the house becomes your place to live. YOU ACCEPTED the place as is with the condition that LL will do the repairs. But you have not mention any repairs. Just things you don't like.
The excuses: window not secured because it wobble when touched is not a reason to get out of the lease.
The wooden fence is still hanging in place, not a reason to get out of lease. The neighbors unfenced pool is neighbors problem, not LL, this is not an excuse to get out of a lease.

She indicated again that my concerns were not valid

She would be correct

She indicated that she would keep our deposit (money orders). The deposit was a security deposit for damages and not a earnest deposit.

Which is correct. YOU are breaking the lease and now LL has to go through process of finding another renter and pay for days/months not rented.

We did not have a signed contract between us.

BUT money has been exchanged. You have a verbal month-to-month lease

Do I take her to small claims court to get my deposit back?

You can take her to Hawaii, you can take her anywhere you want.

 

[Zigner]

They were still painting on the move-in date. And, a window that won't lock IS a a valid complaint.

 

[BL]

Once you ACCEPTED the keys AFTER a walk-through, the house becomes your place to live. YOU ACCEPTED the place as is with the condition that LL will do the repairs. But you have not mention any repairs. Just things you don't like.
The excuses: window not secured because it wobble when touched is not a reason to get out of the lease.
The wooden fence is still hanging in place, not a reason to get out of lease. The neighbors unfenced pool is neighbors problem, not LL, this is not an excuse to get out of a lease.


She would be correct


Which is correct. YOU are breaking the lease and now LL has to go through process of finding another renter and pay for days/months not rented.


BUT money has been exchanged. You have a verbal month-to-month lease


You can take her to Hawaii, you can take her anywhere you want.

The landord wanted to finish cleaning repairing on these peoples dime ,plus pay the mortgage .

They offered to extend the move in date after the utilities were turn on for the landlord's use to make the place move in ready ,and refused to extend the move in date until it was .

Clearly a misuse of tenants funds .

Perhaps if the landlord had offered some incentive and repaired the window, it could have been worked out .