Am I able to get my security deposit back if my husband got laid orff from work and we can no longer afford the unit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Am I able to get my security deposit back if my husband got laid orff from work and we can no longer afford the unit?

We were going to rent a house starting 10/01. On 08/24 we went and signed the lease but never recieved a copy or a set of keys. We also have to purchase our own refrigerator and the “For Rent” sign is still in the yard. On 08/26 I called and told them that I will not be able to rent the place because my husband got laid off and I won’t be able to afford it by myself.

Asked on August 26, 2010 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You will need to consult an attorney. The key issue will be IF you can show that a lease was never formed or was breached by the landlord--e.g. that the fact that you never received keys  and that the "for rent" sign is still in the yard shows that the landlord did not accept your offer to rent the place and/or breached the lease (which material breach justifies your own termination of it.) If there's no lease, you should be able to get your deposit back.

However, if a valid lease was formed, then you almost certainly cannot get the deposit; and the landlord may be able to sue you for rent due. A lease does not take into account the tenant's ability to pay (unless that's actually a term of the lease); once a valid lease, like any valid contract  is formed, the parties or bound by it.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption