Monday, December 12, 2011

Can a landlord keep your security deposit even if you didnt move in?

I got a job offer to move to another location but i gave a deposit at this apartment place about 4 days ago. now i call the place and they say they cant give the deposit back!! Is this even legal!! I mean i never move in yet? they haven even giving me a welcome letter yet?|||Was it really a "security deposit" or was it an execution deposit to reserve the apartment? Did you sign a rental agreement or agreement to rent the property?





A security deposit is usually held for damages to the property and unpaid rent. Check applicable state laws regarding security deposits.





However, if it was an execution deposit to reserve the apartment for you then, yes, you did forfeit the apartment -- that's the whole point of the deposit. When you paid the execution deposit, the landlord probably turned away other prospective tenants with the understanding that you would rent; therefore, the landlord can keep the deposit for loss rent.|||Check the laws of the state you're in. Renting laws vary from state to state. Always read the contract before you sign it as well.|||Once you give the deposit, the landlord does not have to return it even if you never moved in. Some landlords will return a portion of it, but there is no law that says they have to.|||This is probably legal--- it is in most states but it might be illegal in your specific area. The security deposit is there to protect the landlord from loss--- for example, by him reserving the apartment for you to rent and you not moving in, he has lost at least a month's rent while he looks for another tenant.





One exception may be if the lease is not contracted to begin for 60 days or so, which is ample time for your landlord to find another tenant. Again, check with your state laws to be sure.





You might consider trying to find a suitable tenant for the landlord--- if he can get the apartment rented to someone else for the same lease you were supposed to sign, you might get your security deposit back.





But officially, you have broken the lease and caused damage to the landlord so chances are, you are not going to get the security deposit back. It's the same as if you had actually moved in and never paid rent, or moved out with no notice.|||You usually give a security deposit the same time you sign a lease. The lease being a legal and binding agreement. Question is . . . did you sign a lease? If you did then it probably is legal.

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