If we paid rent and deposit to move in to a house but have not been able todo sobecause the house was not ready, canwe get our money back?

Get Legal Help Today

 Secured with SHA-256 Encryption

If we paid rent and deposit to move in to a house but have not been able todo sobecause the house was not ready, canwe get our money back?

We paid rent and deposit on a house but the house was not livable once we had the electric and gas turned on. So we had to stay in a hotel for 5 days. Can we request our rent and deposit back or at least be reimbursed for the hotel’s fees since we were told it was ready for immediate move in?

Asked on January 5, 2012 under Real Estate Law, Louisiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the house is now ready for occupancy, it is unlikely that you could terminate the lease and get your deposit back. However, you should be entitled to recover your costs caused by the home not being ready, assuming that a reasonable person would conclude that it was not liveable (i.e. you were not setting an unreasonably high standard; many things in law are judged by the standard of what the hypothetical average reasonable person would do or think). In a case like this, thaht would mean recovering the hotel costs. If the landlord will not voluntarily reimburse you, you would have to sue him or her for the money.

If the house continues to not be liveable for a prolonged time, you would likely have grounds to terminate the lease and recover your deposit; possibly to also get other compensation (e.g. hotel costs) as well.


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