I signed a lease today and paid my deposit but got a phone call at 7pm that he leased to someone else?

I have been trying to see an apartment for rent for over a week. It has been back and forth and finally got to see it yesterday (9/30) absolutely loved it so he sent me app and lease to fax back to him. I did so this morning (10/01) along with depositing the security deposit and October's rent. he called at 7pm to tell me he had leased to someone else even though at 11am it was mine and he told me I could move in tomorrow. Is there anything I can do even after he gives me my money back because now I am out of a home until I can find another one. The lease states he'd have to give me 30 days written notice . . . However if someone else is moving in I can't exactly move in on top of them.|||Did your hoped-for landlord sign the lease?|||Do you have a copy of a fully-executed (signed by both parties) lease agreement? If not, there's not much you can do. If so, you could take him to civil court.|||You are due a full refund of all monies that you paid.





He does not have to give you 30-days notice, as you have not taken posession yet. However, if you have a executed copy of the lease, read it and see if it allows for the landlord to back out, before you take posession (most leases have a clause like this).





|||You had a contract when you faxed the lease back to him, accepting the conditions, and making the required deposit and rent payments. Your emails are written proof of his intent to contract with you on the terms discussed and as reflected in the lease you signed.





You might suggest that you expect a courier to hand-carry the check to you and your are going to file criminal fraud charges against him at noon tomorrow, based upon his theft of your $4,500, even if only temporarily (it's still fraud if he took your money, even if he gives it back). It's a form of "false pretenses" and he won't get away with it. Once he gets charged with theft, fraud, unfair and deceptive business practices, and so forth, he may be out of business.|||Since he didn't sign it, there was no "meeting of the minds" and therefore, no legal contract.





Unfortunately, he had the legal right to lease it to someone else.





Verbal contracts in real estate are not binding in this case.





PS: It may be worth calling the police department over. Since this happened in the same day, he could possibly be arrested for fraud. He should have told you to come by THAT DAY and given you a check for the deposit.|||You definitely need an attorney to pursue this. But I would say you have a case.