Apartment Lease – South CarolinaI signed a lease and paid a deposit for an apartment. I then decided that I wanted to buy instead of rent. When I

called to see if I could get my rent back. They said I couldn’t because I only had 72 hours. However, I inadvertently signed the name that I am using not my legal name, which I am in the process of changing. Am I able to get my deposit back if I signed the wrong name?

Asked on May 27, 2009 under Real Estate Law, South Carolina

Answers:

J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If there is a cancellation policy and you signed a lease, you are locked in. If do not want to rent and you have not taken possession of the premises, you should look at the lease that deals with early termination.  The problem is that the landlord will incur damages as it is not able to re-rent the premises for at least a month and relied on your agreement to move in.  While you signed the lease under a wrong name, you may still be liable as it was you that is ultimately responsible for your actions (did you give the landlord a social sec #?).  I suggest asking the landlord to compromise and give you a portion of the security deposit back.  Be carefull as the landlord is going to want to sue for the monies owed throughout the rental term.


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