Whatare a booth renter’s rights to get their security deposit returned

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Whatare a booth renter’s rights to get their security deposit returned

I was looking to rent a room in a hair salon but I’m not planning to move in until the end of the month. The owner put in that my security deposit of $175 was non-refundable. Can I get my money back or do I loose out on that money if I change my mind? She said only if I work there I can get it back with a 30 day notice. I have not gotten key or anything and the grand opening will not take place for another 3 months.

Asked on May 15, 2011 under Real Estate Law, South Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Generally speaking, a security deposit is money that you put down on something to insure that there are funds available if the unit is in any way damaged by the person who is renting it from the landlord.  Now, a salon booth is not an apartment or a house, but it is a rental.  From what I have read on South Carolina law security deposits are not by law non-refundable but there seems to be no prohibition against negotiating that term in a contract.  It seems here that the salon owner will state that it was a negotiated term and you will claim that it was not.  So what I would suggest is that you take the contract to an attorney to review on your behalf and see what can be done.  Good luck. 


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