Landlord wont give me money back for room I decided not to rent?
Thursday, November 19th, 2009 at
12:46 pm
I gave the owner of this house in which I was planning on renting a room money for the room I was planning on renting. I changed my mind and want my money back, I haven’t stayed in the room for even a day yet. Unforunately I lost the key too, and moving is just too difficult. He wants to wait until he finds another tenant to give me my money back. WHat are the legal ramifications for this?
Quick House Sale
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Tagged with: Landlord • Money Back • Renting A Room • Room Rent
Filed under: property rent back
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Did you sign an agreement? If so, you are bound by the terms of the agreement.
If you didn’t sign a lease and the application (if any) didn’t say monies paid prior to signing a lease are non-refundable, then he can’t keep your money. Remind him the Statute of Frauds requires all agreements concerng real estate to be in writing.
realtor.sailor
Did you sign a lease? If you did then you might not be entitled to receiving your money back. If you just had a verbal agreement then it’s sort of your word vs the landlords, even though verbal agreements are binding in some states. I can’t see why he won’t just give you the rent back, especially if it’s not a lot of money. If you threaten to take legal action it might make him loosen his hand a little around your rent money, but you must accept the fact that you might not be entitled to receiving your money back.
Did you already sign a lease or rental contract?
What money did you give?
A deposit? First and a security deposit?
Be sure that he may just keep some of the money for the trouble you put him through losing the key and changing your mind because it is *just too difficult* to move…
You gave him a deposit and maybe first month’s rent and you want it back. You got a key? Sounds to me like you actually entered into a lease whether you used the apt or not. He may have turned away a legit tenant while you were waffling. You are completely out of luck here, sorry. Depending on the state, he could sue you for at least two months rent even without a lease, plus $50 to put a new lock in. Owners have expenses whether you live there or not, such as insurance, property tax, utilities, etc.
For you to have lost his key, had must have given you one. You gave him money. So you paid him and took possession of the room (even if you never step foot in it, you had the key). That in itself proves and seals a rental agreement. If nothing was signed, you owe him a minimum thirty days notice and rent for those thirty days. If you signed a lease or other type of agreement, well you’re bound to it and could owe him more.