Withholding a deposit on a property that I have not taken possession of.

Get Legal Help Today

 Secured with SHA-256 Encryption

Withholding a deposit on a property that I have not taken possession of.

I completed an application to rent a home. We were mislead on the move-in date. I now have to relocate from my home and I do not have a place to go because the unit is not available for me to move-in due to the HOA process. I am asking for my deposit back so that I can secure a home for my family and I am being told that I can not get none of those funds refunded to me.

Asked on October 10, 2019 under Real Estate Law, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If you can prove they misled you about the move-in date, that could provide a basis to recover the deposit, since there would not have been a "meeting of the minds" or agreement as to the important facts, and without such an agreement, there is no contract and no basis for them to hold your deposit. However, that would be the only reason to get the deposit back--a misrepresentation by the prospective landlord. And even if they did mislead you or misrepresent the date, if they refuse to give the money back voluntarily, you would need to sue them, and prove the misrepresentation in court, to get the money back.


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