If I never took possess of a rental property, am I able to be refunded my security depost back?

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If I never took possess of a rental property, am I able to be refunded my security depost back?

I gave a $1500 security deposit on a property I was going to be renting, unfortunately a week later I lost my job and did not feel I would be able to afford the rent so backed out on renting the property. I told the Landlord right away and he is refusing to return the security deposit. Is this legal? How do I go about getting refunded?

Asked on July 18, 2012 under Real Estate Law, New Hampshire

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you gave the landlord a security deposit but did not occupy the unit, whether or not you are entitled to the deposit's return depends upon if you signed a lease and if so, what does the lease say.

For example, many leases state that a security deposit may be used for unpaid rent and if that is what is stated in the lease, such is allowed. I suggest that you carefully read all documents you signed for the unit that you did not take possession of.


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