Can I get back my security deposit on a house that I have been waiting to move into for 2 months?
Question Details:
I put a security deposit down on a place 2 months ago that is still not ready, I haven't signed a lease yet, so I decided to get my deposit back. The Realtor is stating that I signed a contract that says I forfeit deposit if I choose not to move in. The contract says that my $40 application fee should be held as security deposit and in the event that I do not move in I forfeit that, not my $590. What should I do?
Real Estate Law Answers
Carefully read the paperwork you signed. If it clearly indicates the $40 is what you would forfeit, then you need to file a complaint against the realtor at your state's dept of real estate and you would absolutely need to file a complaint through the Ohio Office of the Attorney General in order to obtain your monies. Perhaps the involvement of the Attorney General may help both the realtor and landlord see the light.
If not, take a copy of your check (back and front) from the bank, a copy of the contract, and file a small claims action for the money.
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