Landlord Won't Let Me Move In, But Won't Give Me Back Deposit? (apartment, lease)
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I recently found an apartment in my home state of Ohio that I adore while searching for a place to stay near my aging grandparents. All of my things are in storage as I've moved from a different state. I recently signed a 2 year lease with a LL that required a security deposit, first month's rent, and last month's rent. I paid the deposit of $1,100 the same day and was told to pay the rest (first and last month's rent) on the 15th of November (this month) when I move in, a total of $3,330.
Unfortunately I will only have enough to pay first month's rent on the 15th. I told my LL this and asked if I could either a.) move in on the 15th and add the last $1,100 to the next month's rent since the 1st will be prorated at like $500, or b.) pay the $1,100 for the 1st month's rent, and wait another week to move in so I can get caught up. I'm staying with relatives so it's not like I don't have time. I was told "Sorry but you need to have the full amount paid before you move in, if you don't want the place I'll put it back on the market and you'll lose your deposit." Okay, the first part is understandable but I for one do still want the place, I just can't afford to pay it all by the 15th and don't think he should be keeping it for nothing. I haven't even moved in and the lease doesn't even start for 6 more days.
The other issue is that the place was not finished when I did the walk through though he was pressuring me to sign/move in months before. I brought this up to him and he promised that it would be fixed before I moved in. I took a video of everything as well. The window had a large crack down the middle, the doorbell cover was ripped off, the screen to the porch wasn't finished, there was left over items (floor tiles, caulking, etc) and the neighbors downstairs had piles and piles of boxes/items in my portion of the basement (we each get separate basements). When I mentioned this today he didn't say anything about it.
I have been reading the forum on what to do but I'm afraid to lose my deposit. I understand that I promised a certain amount by the 15th but I just won't have it and I think it's unfair that he's trying to keep my security deposit (not holding fee) as we both are missing out here. I will be contacting my cousin who's a lawyer to see what he thinks I should do.
I still really want this place and I really wish he'd wait one more week but he demeanor seems to have changed ever since I signed the lease. Before he was preaching about how amazing of a landlord he really was. Also, I'm looking into filing a complaint with the RPA but I want to wait. I just find it interesting that he was willing to let me move into a place that was unfinished but isn't willing to wait a week after the 15th so I can pay in full. The place is overpriced and the bedrooms are tiny, something that wasn't shown online but boasted "large bedrooms" so I think he won't find a buyer for a while. Anyway, any help would be greatly appreciated. Thanks!
Landlord-tenant laws vary from state to state. But contract law is more uniform.
First of all you have to establish why the landlord thinks he has the right to keep the deposit. Does the contract state this? If so then I would go on the basis of fraudulent misrepresentation to invalidate said contract since he promised the place would be finished since this was the statement he made and was the belief you used to sign the contract. Any false representation made to induce someone to sign a contract invalidates that contract. Therefore, you could use this basis to claim the contract is void. Although you would likely have to take this to small claims court still to get the money back.
I don't believe the contract states anything about him having a reason to keep it. It's a typical printed out Rental-Condo-House Residential Lease found on the net.
The only thing I can find about the agreement is this on my lease:
Security Deposit. On the excecution of this lease, Lessee deposits with Lessor $1,100, receipt of which is aknowledged by Lessor, as a security for the faithful performance by Lessee of the terms hereof, to be returned to the Lessee, without interest, except where required by law, on the full and faithful performance by him the provisions hereof.
The above seems to say "the execution of this lease" which can either be broken, but I haven't started it or have been given the keys/moved in as I haven't paid the full amount to move in so I guess I'm executing it now?
He scribbled "First + Last Month's Rent" "Hold Last Till Last Month" where I initialed but it says nothing more about the deposit.
Last edited by curious85; 11-10-2014 at 01:24 AM..
The only thing I can find about the agreement is this on my lease:
Security Deposit. On the excecution of this lease, Lessee deposits with Lessor $1,100, receipt of which is aknowledged by Lessor, as a security for the faithful performance by Lessee of the terms hereof, to be returned to the Lessee, without interest, except where required by law, on the full and faithful performance by him the provisions hereof.
He scribbled "First + Last Month's Rent" "Hold Last Till Last Month" where I initialed but it says nothing more about the deposit.
This is the Ohio state law on SD but I'm not really a tenant and I can't move in unless I have $2,200.
5321.16 Procedures for security deposits.
(A) Any security deposit in excess of fifty dollars or one month's periodic rent, whichever is greater, shall bear interest on the excess at the rate of five per cent per annum if the tenant remains in possession of the premises for six months or more, and shall be computed and paid annually by the landlord to the tenant.
(B) Upon termination of the rental agreement any property or money held by the landlord as a security deposit may be applied to the payment of past due rent and to the payment of the amount of damages that the landlord has suffered by reason of the tenant's noncompliance with section 5321.05 of the Revised Code or the rental agreement. Any deduction from the security deposit shall be itemized and identified by the landlord in a written notice delivered to the tenant together with the amount due, within thirty days after termination of the rental agreement and delivery of possession. The tenant shall provide the landlord in writing with a forwarding address or new address to which the written notice and amount due from the landlord may be sent. If the tenant fails to provide the landlord with the forwarding or new address as required, the tenant shall not be entitled to damages or attorneys fees under division (C) of this section.
(C) If the landlord fails to comply with division (B) of this section, the tenant may recover the property and money due him, together with damages in an amount equal to the amount wrongfully withheld, and reasonable attorneys fees.
I recently found an apartment in my home state of Ohio that I adore while searching for a place to stay near my aging grandparents. All of my things are in storage as I've moved from a different state. I recently signed a 2 year lease with a LL that required a security deposit, first month's rent, and last month's rent. I paid the deposit of $1,100 the same day and was told to pay the rest (first and last month's rent) on the 15th of November (this month) when I move in, a total of $3,330.
Great! So you knew before you signed the lease just how much was due and when..correct??
Unfortunately I will only have enough to pay first month's rent on the 15th. I told my LL this and asked if I could either a.) move in on the 15th and add the last $1,100 to the next month's rent since the 1st will be prorated at like $500, or b.) pay the $1,100 for the 1st month's rent, and wait another week to move in so I can get caught up. I'm staying with relatives so it's not like I don't have time. I was told "Sorry but you need to have the full amount paid before you move in, if you don't want the place I'll put it back on the market and you'll lose your deposit." Okay, the first part is understandable but I for one do still want the place, I just can't afford to pay it all by the 15th and don't think he should be keeping it for nothing. I haven't even moved in and the lease doesn't even start for 6 more days.
In regards to the bolded part...he's being perfectly reasonable..he's not going to let you move in OWING him money. He'll never get it.It doesn't matter when the lease starts...you signed the lease agreeing to pay the man his money and now you're asking him to change the lease..the lease can be changed, if both parties agree. He doesn't agree. You're wasting his time and time is money
The other issue is that the place was not finished when I did the walk through though he was pressuring me to sign/move in months before. I brought this up to him and he promised that it would be fixed before I moved in. I took a video of everything as well. The window had a large crack down the middle, the doorbell cover was ripped off, the screen to the porch wasn't finished, there was left over items (floor tiles, caulking, etc) and the neighbors downstairs had piles and piles of boxes/items in my portion of the basement (we each get separate basements). When I mentioned this today he didn't say anything about it.
this is common..you normally see places in between tenants and as along as everything is documented, there's normally not a problem. It sounds like you have buyers remorse. Oh, and no one can force you to sign a legal binding contract..you did that all on your own.
I have been reading the forum on what to do but I'm afraid to lose my deposit. I understand that I promised a certain amount by the 15th but I just won't have it and I think it's unfair that he's trying to keep my security deposit (not holding fee) as we both are missing out here. I will be contacting my cousin who's a lawyer to see what he thinks I should do.
Yes, you promised *by signing the lease* that you'd have his money by a certain day. But not having that money, you're violating the lease and backing out of the deal. He is entitled to keep something...don't know what or how much. Find yourself a real estate attorney.
I still really want this place and I really wish he'd wait one more week but he demeanor seems to have changed ever since I signed the lease. Before he was preaching about how amazing of a landlord he really was. Also, I'm looking into filing a complaint with the RPA but I want to wait. I just find it interesting that he was willing to let me move into a place that was unfinished but isn't willing to wait a week after the 15th so I can pay in full. The place is overpriced and the bedrooms are tiny, something that wasn't shown online but boasted "large bedrooms" so I think he won't find a buyer for a while. Anyway, any help would be greatly appreciated. Thanks!
You can't always get what you wish for. You signed a lease with this man promising him money and a move in date. Now you can't keep up your end of the deal. His demeanor has changed because you're trying to change the rules of the game.
What I find interesting is that tenants like you try to rent places they can't afford and then get pissy with the landlord, nitpick the unit (that they LOVVVVVVEEEEDD before) and put themselves in the victims role.
Good luck to you, I do hope you get something back from the landlord and I suggest you find a place you can actually afford. If you can't afford to put the whole amount down, you can't afford the place.
We always offer last month rent to be paid in partial payments but if a tenant and LL agree to a different option than it only logical to be worried and to be honest after reading the OP's post than I would be like the LL.
The other excuse being used as a defense is just another red flag.
Tenants that are not good tenants always bring up other things when they can fulfill their obligations and the blame shifts to the other party.
You can't always get what you wish for. You signed a lease with this man promising him money and a move in date. Now you can't keep up your end of the deal. His demeanor has changed because you're trying to change the rules of the game.
What I find interesting is that tenants like you try to rent places they can't afford and then get pissy with the landlord, nitpick the unit (that they LOVVVVVVEEEEDD before) and put themselves in the victims role.
Good luck to you, I do hope you get something back from the landlord and I suggest you find a place you can actually afford. If you can't afford to put the whole amount down, you can't afford the place.
Wow, who pissed in your cheerios this morning? Actually, I don't care, you sound bitter and extremely jaded but that's not my problem. Firstly, I don't have buyer's remorse, if I did I would say I hate the place and I don't want to move in, correct? Secondly, you don't know me so don't put me in the category of "tenants like you" because I loved it when I saw it, and I still love it now in spite of how small the rooms are. I'm a professional and I keep things professional, so you can take your bitterness elsewhere and stop using the forums to vent out your frustrations.
We always offer last month rent to be paid in partial payments but if a tenant and LL agree to a different option than it only logical to be worried and to be honest after reading the OP's post than I would be like the LL.
The other excuse being used as a defense is just another red flag.
Tenants that are not good tenants always bring up other things when they can fulfill their obligations and the blame shifts to the other party.
I'm a great tenant with a great rental history. He's not going to keep my deposit and then put the ad up and collect two deposits on this unit, not if I can help it. I will get the unit, or my money back. Thanks for your input, I think?
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