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Old 10-20-2010, 11:32 AM
 
33,600 posts, read 53,480,869 times
Reputation: 20208

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My experience with any type of deposit that there there are always qualifiers--depending on why you are making a deposit--
in some cases the longer the money is held--so that the property or item for sale is in suspense--the less of the deposit is returned...
IF there was no agreement about what was to happen to the deposit if the lease was not signed, then the realtor has as much right to keep it as reason to return it--IMO

a deposit usually requires an APPLICATION for apt rental--was one of those completed--does not sound like it--an application requires fees as well--

giving someone 1K without anything in writing but a receipt noting that it was for a "deposit" is pretty meaningless because it is too vague--deposit for WHAT--there was no address--no apt number--not even mention of the apt complex as far as the information I read...

while most people hate all the ins and outs of agreements and contracts, there are reasons for specificity...and this example illustrates one
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Old 10-21-2010, 07:53 AM
 
Location: North Port
325 posts, read 955,167 times
Reputation: 101
Quote:
Originally Posted by Harbor Hopper View Post
My question would be, why on earth would anyone give $1000 deposit on a new place if they don't even know if they can get out of the old place first?? That just seems silly in my opinion.

That is a great ? Let me explain.

Before, looking for a home to lease, a month prior I was told by the rental company, that the home I currently reside in is being put up for sale.


I have Two months still on my lease until Dec. 31st of 2010.

The leasing agency told me " this might be a good out for you" (because we had a TWO YR. LEASE and a agreement that the home would not be sold, while we occupied the dwelling)

Though the owner of the home said no way, I have a lease with (me) for Two years, ended on Dec 31st 2010.


I hope this explains my delima.
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Old 10-21-2010, 09:08 AM
 
33,600 posts, read 53,480,869 times
Reputation: 20208
so you rent a home from someone who is going to violate YOUR lease and put the house up for sale--
before your lease is concluded--
is that legal in FL during the terms/time of the lease?

I would be trying to find out what my rights are under the law in case the house sells quickly and
they want you to vacate before December
what are your rights about having RE agents show the house
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Old 10-21-2010, 09:31 AM
 
Location: Punta Gorda and Maryland
6,103 posts, read 14,170,581 times
Reputation: 1241
Quote:
Originally Posted by loves2read View Post
so you rent a home from someone who is going to violate YOUR lease and put the house up for sale--
before your lease is concluded--
is that legal in FL during the terms/time of the lease?

I would be trying to find out what my rights are under the law in case the house sells quickly and
they want you to vacate before December
what are your rights about having RE agents show the house
I believe they have the right to put the house up for sale. They probably can't close it and transfer the title until after December as slowly as the process has become.

If they do sell it earlier, K-build has rights to stay, they cannot evict him, they would have to come to an equitable settlement with him in order to get him to vacate. The seller and the buyer would have to negotiate with him if they want to take possession of the house prior to the end of his lease.

K-build you can file a small claims case and I'm sure that if you are entitled to the money you will get a fair hearing. Others have mentioned things you can do in order to get the return of your deposit. I am sure that you would not have given the $1000.00 to them, unless they gave you a reasonable explaination of why it was required, so I'm sure they have some reasonable explaination as to the justification for requiring it and securing it. That said, if you just gave it to them, and notified them in writing that you changed your mind, there are factors that will be discussed and explained that may allow you a full refund. If they held the unit for you, and the time line for you to take possession passed, then they have explainable losses to off-set. But it if was a day or two, and you had a change of heart, and they could have mitigated their own losses, then a judge will consider that as well. Hopefully you can resolve this with them before it gets that far.

Don't be a push over, but do the right thing - your reputation is more important that the cost of this education. Right?
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Old 10-21-2010, 11:43 AM
 
Location: West Coast of Florida
1,439 posts, read 2,752,685 times
Reputation: 2175
Quote:
Originally Posted by Big House View Post
Don't be a push over, but do the right thing - your reputation is more important that the cost of this education. Right?
I'm not sure I understand what you're saying BigHouse. Are you suggesting that he back away from potentially suing?

If so, I could not disagree more. Get your thousand dollars back kbuild, and don't take no for an answer. Do what you must, and use a lawsuit as a last resort. Ignore any suggestion that somehow this situation will somehow backfire on your reputation.

You may be helping a renter down the road not to get taken by this realtor.
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Old 10-21-2010, 01:58 PM
 
Location: Punta Gorda and Maryland
6,103 posts, read 14,170,581 times
Reputation: 1241
Quote:
Originally Posted by Col.W.Deering View Post
I'm not sure I understand what you're saying BigHouse. Are you suggesting that he back away from potentially suing?

If so, I could not disagree more. Get your thousand dollars back kbuild, and don't take no for an answer. Do what you must, and use a lawsuit as a last resort. Ignore any suggestion that somehow this situation will somehow backfire on your reputation.

You may be helping a renter down the road not to get taken by this realtor.

No, not at all. None of us know all the facts, nor do we know what the other party has to say. . . there are always too sides. He knows what was said, and in writing it is often impossible to convey information as thoroughly as needed.

If he is in the right - he should not back down, he should press forward and deal firmly with this. He should not be a push over.

If on the other hand, he feels that they did make representations . . . (we don't know we weren't there), then he should do the right thing and work toward a fair resolution with them.

I don't think any of us can judge, we won't even be a party to it in any way. He will, and I was only trying to be supportive of him, because I believe he will do the right thing in resolving this difficult situation. Things happen, and you need to have trust that those you deal with to do the right thing. Although I have reservations sometimes, I trust people. Even though, I know that is not always the case. You can't control others, just yourself.

Ok - that's too deep.
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Old 10-21-2010, 06:24 PM
 
Location: West Coast of Florida
1,439 posts, read 2,752,685 times
Reputation: 2175
Quote:
Originally Posted by Big House View Post
Ok - that's too deep.
It's nice to see your deep side BigHouse...now have another beer...lol kidding.
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Old 10-21-2010, 06:29 PM
 
Location: Florida
4,850 posts, read 13,360,349 times
Reputation: 2253
This story is just a bit on the sketchy side to me. I don't know anyone who would put down a grand without a contract of some sorts; the deposit slip sounds lame. There's more to this story. Also, if you're in a lease when renting a place that's for sale, the renter is entitled to stay through the end of the lease. Go look up Florida landlord/tenant law. Something's not right here...I would have made sure the deposit was refundable for at least 10 days...not sure, kinda read through everything but doesn't sound right to me.
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Old 10-22-2010, 02:20 PM
 
Location: North Port
325 posts, read 955,167 times
Reputation: 101
I am going to take everyones advice, now no return calls or e-mail returns

I will have to let the courts take care of this.

Thanks, for the advice everyone
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