Under what conditions can a tenant get the return of a deposit?

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Under what conditions can a tenant get the return of a deposit?

I signed a lease to rent a 1 bedroom home for 1 year. Before actually moving in, I checked the home during a small storm to see how it handled. I found a huge leak in the ceiling; the roof had major leaks and the ceiling was repaired with duct tape and painted to hide the leak; the ceiling was sagging in other areas as well. When I looked in the attic, the insulation was soaked and had major mold. Also, an electrical outlet was burned as if it caught on fire. I informed the lessor that due to the health risks, I will not be living there. I told them I would like a cancellation of the lease as well as a refund for the $500 deposit. Do I have a case to get my money back?

Asked on August 27, 2012 under Real Estate Law, Louisiana

Answers:

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

Answered 8 years ago | Contributor

You need to seek legal help here not only for the return of the deposit but for cancellation of the lease agreement due to misrepresentation as to the condition and habitability of the apartment.  They can hold you to the lease and sue you monthly for the money.  As for the money, probably but againt it depends on if it was a security deposit or if you signed anything that said it was non refundable and if that is legal in your state.  Good luck.


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