Thursday, December 15, 2011

If I have put a deposit on an apartment, and the current renter pulls their notice, am I still entitled to it?

I put down a deposit on a townhome, and called back to get my new address, and they said the current rentor (leasee) had pulled notice. Now they are trying to stick me somewhere else. Do they have any legal obligation to give me the townhome they promised?|||No they do not.|||No. They can't give you an apartment that is already rented and the current tenants can't be forced to move. If you are not happy with being somewhere else they offer you might win in small claims to get your deposit back|||Not at all likely. Even if you signed a lease, it very likely has a clause that would terminate it if the unit in question is no longer available.





Your deposit is money to prevent the landlord from leasing it to someone else. Of course, if the unit does not become available, then the landlord will have to give you back your deposit, or provide you with a unit you find satisfactory. The choice is yours, really.





Don't let them tell you that the deposit was for "any old" apartment, it was for a set one. If you don't want another one, take your money and walk. It is highly unlikely that you would be able to get any damages beyond that deposit for them not renting you that unit.

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