How can I get back a $750 deposit that I put down on a house I was going to rent?

Get Legal Help Today

 Secured with SHA-256 Encryption

How can I get back a $750 deposit that I put down on a house I was going to rent?

There was no lease signed but I do have a receipt for the $750. However, I decided not to move there. Now the landlord he will not given me any of my deposit back? Is that legal?

Asked on January 4, 2013 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It is most likely completely legal. Even if there was no signed written lease, if you agreed to rent the home, there was an oral/verbal lease; that creates a month-to-month tenancy, which means that you can only terminate the tenancy on a month's notice--that in turn means you always owe at least one month's rent. If you decided to not move in, you'd owe for the first month. The landlord may keep an amount from the deposit equal to mone month's rent; as long as the rent was at least $750/month, he could keep the whole deposit. (If the rent was less than the deposit, however, he can only take out one month's rent and must return the balance.)


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