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?

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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 13 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.


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