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On Friday 2/21/14 I was driving through a neighbor hood and happen to see a for rent sign in front of a house. So I called the number and left a voice mail. The LL called back with in mins. We talking about the house like rent, deposit and when would if be ready plus the obvious like # of bedrooms ect...
We agreed to met on 2/22/14 at noon. We did a walk through and he hadn't had a chance to clean since the last tenant moved out back on XMAS!!! of 20013!!! This place was a really bad. So we talked about me cleaning the place and would deduct the amount from the deposit. We agreed on 600 for the cleaning and painting. Rent is 800 and 800 security. I gave him 200 and he gave me a key to get in and clean and paint for the next 2 weeks. With a move in date of 3/8/14
After I left I decided that I really didn't want to deal with cleaning and painting the place and decided it just wasn't the house I was looking for at this time. I called the LL less then 6 hours later and left a voice mail stating my intentions and that I needed to met back up with him and give him the keys and get my deposit back.
Never heard back all weekend, even after calling several times. I couldn't leave any more messages because his voicemail was full "not by me". So I tried one last time at 6:30pm on 2/23/14 and he answered the phone. I told him my intentions and he flipped out!!! Calling me names and if I wanted my deposit back I would have to sue him. And he also threated me with a law suit for the balance of the deposit.
We NEVER signed a lease and I never even moved in. All I have is a receipt stating I gave him a 200 deposit on 2/22/14.
I was thinking of small claims but do I have a case in getting my 200 back? I know 200 isn't a lot of money but to a single father of a 8 year old girl. It is to me.
Not much chance of you getting back the money, unfortunately. I may be wrong but you basically entered into a verbal contract, money changed hands and then you had buyer's remorse and backed out. There's nothing in the law which gives you time to change your mind.
I feel badly for you but learn a lesson for the future and don't ever enter into even a simple contract without thinking it through.
Even if I was the sign a lease and followed through the contract term, left the place in perfect condition, wouldn't I be entitled to my deposit back? Why would this be any different? The only thing is we didn't have a written contract but a deposit was paid.
This applies only where a security deposit is concerned. If your deposit was noted as a refundable holding deposit you would have a case but most are non refundable. What does your receipt say? If it says nothing other than "deposit" then in my opinion you're pretty much stuck.
If you go to the first "sticky" on this forum you'll find a link to your state landlord tenant laws and can read up on there the laws pertaining to deposits which may be of help.
You changed your mind but you also verbally agreed to taking the place and physically took the keys. Your deposit was cash and labor to paint and clean the unit. You changed your mind therefore you forefeit your deposit. You had a lease. It was verbal. The LL may be crazy but you're gonna have to sue him for the money. Maybe next time make sure it's what you want before putting down money. You saw the place and were ok with cleaning and painting and you wanted it. What happened is you decided the cleaning and paint was more than $400 bucks and you changed your mind for whatever reason. I wouldn't hold my breath waiting for that $200.
On the receipt all it says is I gave him 200 on 2/22/14 and his signature.
Nothing on it saying its for a deposit.
The only thing you can do is send him a return receipt certified letter confirming that you no longer wish to have the house but that you would like to have your deposit returned. It's a very remote long shot with very little likelihood of working but, in my opinion, you've no cause at all for legal action. Sorry.
I did look in to it more and the tenent LL laws of nebraska and i plan on sending him a R3 letter for return of deposit. According to Nebraska law he has 14 days. To give me a list of reasons why he with held my deposit. Its a long shot but all its going to cost me is a trip to the post office.
When buying a house you have 3 days for buyers remorse ...why not in Renting?
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