Signed lease, paid deposit, received keys, landlord will not let me move in (Mesa: real estate, rental)

[Noah2015]

Help! I signed a lease last weekend with the owner of a casita in Mesa. I paid the security deposit and have a receipt. She gave me the keys and I planned on moving in Tuesday after work. She needed to be there to move her stuff out of the casita. I couldn't make it because I was stuck at work. Wednesday morning everything was good to move forward for that evening. Around 5pm I texted her to let her know what time I'd be there. She said we should wait til next week. I already packed and was ready to move. I told her that wasn't an option. I had to move in that night or get my security deposit back. She then texted me (wouldn't answer my calls) and said I forfeited my deposit when I didn't move in on the planned day before. Can she keep my deposit? I still have the keys and the receipt. She put a pad lock on the gate so I can't have access to the casita.

[observer53]

First question is, what does your lease say about this? If it doesn't permit her to keep the deposit, get yourself over to small claims court and sue her to get it back. You should get your court costs (which will not be much) awarded back to you if there is a judgment in your favor. If she was really entitled to the deposit after you didn't move in that first day, she wouldn't have told you to wait until next week to move. I'm betting she hasn't moved her stuff out yet, and has changed her mind about renting it out. Was she living there, or just storing stuff? You could make a demand for the deposit if the lease doesn't entitle her to it; she might give it back rather than go through the hassle.

[Zippyman]

I can't see any legal theory that would allow the landlord to keep the deposit - I'd file in small claims & let a judge sort it out.

[wit-nit]

Is she the real landlord/.owner. There are a lot of rental con/scam games going on right now.

[Scrat335]

Red flag. She needed to be there to move her stuff out? Sure she's not the tenant? Maybe you have been scammed.

[JGMotorsport64]

You have some writing? Time to get courts involved. This is a pretty simple one.

[jaredC]

Wow. No, I don't think she can do that. Either this post needs to move to the Renting section, or, OP, post this question, along with the contents of your lease, to the Renting section. There, you will receive much more help.

[Ohky0815]

sounds like she just wanted to take your money and run...... Id sue her in court after trying 1 more time with certified mail to get in the property.

[Bungle]

Like you said, you signed the lease, paid the deposit and got the keys. You can move in when ever you want to. She shouldn't be able to dictate a time then cancel the agreement.

[SageCats]

Time to google "real estate attorney"...