If I haven’t signed the lease ona house yet could I get the deposit and first months rent back?

UPDATED: Jun 11, 2011

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If I haven’t signed the lease ona house yet could I get the deposit and first months rent back?

I got a house for my mom because she was supposed to move to MS, but her doctor wanted her to stay in CA to go through some treatments.

Asked on June 11, 2011 under Real Estate Law, Mississippi


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

Answered 11 years ago | Contributor

Did you sign anything when you gave the deposit for the house?  Anything that would bind you? If you did  and it says "non-refundable" then you may be stuck.  If you did not then you may be stuck by a verbal contract rather than a written one.  The first month's rent, though, should indeed be refundable.  I would call and speak with the landlord and if they can re rent the house prior to the lease start date then you may have some leverage in getting the money back if there is no written agreement.  Otherwise you may have to sue in small calims court to get the money back.  Good luck to you.

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