How can I get my deposit back?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I get my deposit back?

I signed a lease-to-rent a home and mailed my deposit tothe  landlord. Then 3 days before we were to move, the landlord stated that she was going to prorate our rent but then later stated she wasn’t. We wanted our deposit back. She started making excuses and we felt like we did not want to move into home and then she told us she did not want to rent to us. She then posted her home back up for rent on the same day. We e-mailed her stating that we would pay full rent and still move in. We heard nothing. We later found out that the home belongs to her mother and not her. Is there a way to get our deposit back?

Asked on October 28, 2011 under Real Estate Law, Hawaii

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you entered into a rental agreement with a person who does not own the unit to be rented or does not have the authority to rent the unit who in turn takes your security deposit, but refuses to rent to you, you are entitled to the return of the money you presented for the rental.

I would write the person who has your security deposit demanding its return by a certain date. Keep a copy of the letter for future need. If you do not receive the return of the security deposit within the time demanded, your option is to bring a small claims court action.

Good luck.


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