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Old 10-29-2009, 10:21 PM
 
1 posts, read 2,572 times
Reputation: 10

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I GAVE A landlord $600 AS PART OF DEPOSIT. NEVER SIGNED ANYTHING. JUST HAVE A RECIEPT. I CALLED HIM 3 DAYS LATER AND TOLD HIM I WAS NOT ABLE TO MOVE IN DUE TO LOST JOB OF FAMILY MEMBER. HE DID NOT CALL ME BACK FOR DAYS. AND IS NOW REFUSEING TO GIVE MY MONEY BACK.I LIVE IN NORTH CAROLINA
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Old 10-29-2009, 10:43 PM
 
Location: DFW
40,617 posts, read 47,690,034 times
Reputation: 53986
If there was no lease there should not be the right to keep your deposit. You may have to take him to small claims court.
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Old 10-29-2009, 10:59 PM
 
Location: Hernando County, FL
8,488 posts, read 20,252,242 times
Reputation: 5397
Problem is that nothing was signed by anyone.
He could just say it was a non refundable deposit to hold the apartment.
By the time you pay the money to file in small claims and finally go to trial even if you win then you have to worry about collecting.
I have a $350 judgement from 26 years ago i will split with anyone that can get it.
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Old 10-30-2009, 05:04 AM
 
44 posts, read 123,231 times
Reputation: 34
this is not going to help, but this guy sounds like a real loser and if it were me i would at the very least take him to court
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Old 10-30-2009, 05:30 AM
 
Location: Hernando County, FL
8,488 posts, read 20,252,242 times
Reputation: 5397
Quote:
Originally Posted by 1stfamily View Post
this is not going to help, but this guy sounds like a real loser and if it were me i would at the very least take him to court
What if he turned down another renter because he had a deposit already?
What if he already paid an attorney to draw up a lease?

Should he now take a loss because the OP could not come through with the rest of the money?

Filing in small claims does cost money in many areas. Where I am it may be around $232 to file and serve for a $600 claim. If he wins he could get that back but that is only if the defendant pays up.

If the defendant loses and does not pay then you have to worry about filing a lien on his property. Then you won't get anything till they sell the property.

It is not just as easy as suing him.
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Old 10-30-2009, 05:36 AM
 
9,168 posts, read 10,503,316 times
Reputation: 7965
Quote:
Originally Posted by SHALL67 View Post
I GAVE A landlord $600 AS PART OF DEPOSIT. NEVER SIGNED ANYTHING. JUST HAVE A RECIEPT. I CALLED HIM 3 DAYS LATER AND TOLD HIM I WAS NOT ABLE TO MOVE IN DUE TO LOST JOB OF FAMILY MEMBER. HE DID NOT CALL ME BACK FOR DAYS. AND IS NOW REFUSEING TO GIVE MY MONEY BACK.I LIVE IN NORTH CAROLINA

If the deposit was to hold the room so that he doesn't rent it to someone else, that is why they want a deposit (showing good will). That's a verbal contract. If that was what the deposit was for, it's implied that it is a non-refundable deposit.

If he said he was going to rent it to you and then said he changed his mind because he could get more money, wouldn't you be upset???

Many times "family job loss" is code word for "I changed my mind." I'm sure he put you in that bucket and figured he worked showing you the spot, explaining all about it, and passed on other people.

I'd be nice and return the deposit only after I verified the job loss. Too many people lie. I've heard all kinds of excuses myself. I'm not implying you are, but I bet that is what he is thinking.

Let us know the outcome.
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Old 10-30-2009, 06:47 AM
 
44 posts, read 123,231 times
Reputation: 34
Quote:
Originally Posted by Mike Peterson View Post
What if he turned down another renter because he had a deposit already?
What if he already paid an attorney to draw up a lease?

Should he now take a loss because the OP could not come through with the rest of the money?

Filing in small claims does cost money in many areas. Where I am it may be around $232 to file and serve for a $600 claim. If he wins he could get that back but that is only if the defendant pays up.

If the defendant loses and does not pay then you have to worry about filing a lien on his property. Then you won't get anything till they sell the property.

It is not just as easy as suing him.
in my area it costs less then 100 bucks, and even if not legally morally doesnt this guy feel like he owes the 600 dollars back? ive been through this very same situation years ago before i got married and had kids and i ended up getting my deposit back only after i threatened to sue the lanlord, he just didnt have the money to pay me back so he made up some sort of reason why he didnt have to.
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Old 10-30-2009, 08:53 AM
 
Location: Hernando County, FL
8,488 posts, read 20,252,242 times
Reputation: 5397
Quote:
Originally Posted by 1stfamily View Post
in my area it costs less then 100 bucks, and even if not legally morally doesnt this guy feel like he owes the 600 dollars back? ive been through this very same situation years ago before i got married and had kids and i ended up getting my deposit back only after i threatened to sue the lanlord, he just didnt have the money to pay me back so he made up some sort of reason why he didnt have to.
Well in this situation it seems the LL is within his rights to keep it. Granted this is based on limited info.
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Old 10-30-2009, 12:01 PM
 
Location: Sputnik Planitia
7,719 posts, read 11,413,835 times
Reputation: 8930
it's a deposit, by it's very nature a deposit is non-refundable if you do not come through. That is the whole point of taking a deposit..I'm not sure what you are complaining about.

Now, paying $600 for a deposit is very unusual, it's usually about $100-150 a the most, just to show good faith. Not sure why you gave him that much money but apparently you willingly did so.
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Old 10-30-2009, 12:13 PM
 
44 posts, read 123,231 times
Reputation: 34
Quote:
Originally Posted by k374 View Post
it's a deposit, by it's very nature a deposit is non-refundable if you do not come through. That is the whole point of taking a deposit..I'm not sure what you are complaining about.

Now, paying $600 for a deposit is very unusual, it's usually about $100-150 a the most, just to show good faith. Not sure why you gave him that much money but apparently you willingly did so.
apartment complexes ask for a 150 deposit or so but most other places ask for a deposit same amount as rent
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