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I live in Ohio. About a month ago I looked at an apartment. The landlord and I made a verbal agreement that if I gave him $200 he would let my family move in, and then o would pay him the remaining $300 that Friday and he would receive the $500 rent by the following month. He knew the reason why we needed to move and he seemed so genuine and caring. My fiance took him the check for the initial $200. He told him that he wouldn't let us move in until he got all of the money. So after discussing it, we decided that we weren't taking it and we contacted him to let him know. He continued advertising the apartment. Then this month he cashed the check which he wasn't supposed to do which ended up overstating the bank account. Is there anything I can do? That money was going to be Christmas money for our 2 girls. How do I get my money back since he a refusing to give it back.
You can try small claims court, but I doubt that you will have any luck. You agreed to move in and then didn't have the move-in money. Your partner was told that you couldn't move in until all money was paid, so at that point, he should not have handed over the check for $200.
In future, you have to get things in writing.
No judge is going to care about Christmas presents for your kids. Christmas presents for your kids are completely unrelated to any rental agreement that you did or did not have.
As for him cashing the check, you didn't notice that you had a $200 check that you'd issued that was still outstanding? The judge isn't going to care that you can't balance your checkbook. Your inability to maintain your checkbook is completely unrelated to any rental agreement you did or did not have.
As you go through life, you will discover that having kids does not give you special privileges. You'll have to prove, with documentation, that the landlord had promised to give you your rent money back if you couldn't come up with the balance of the rent.
Contact your local housing you may qualify. Also, check on Christmas programs in your area...you may get some help there. Good luck
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