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Real Estate Forum by US Landlord > Landlord and Tenant Help > Help for Tenants > Placed a Deposit.. Never moved in Landlord refuses to return it

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Placed a Deposit.. Never moved in Landlord refuses to return it
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AuthorPost
OH landlord
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Joined: Wed Sep 12th, 2007
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Posts: 506
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 Posted: Thu May 15th, 2008 11:42 am
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Once a lease is signed, it is a binding legal contract.  You are obligated by it.  Unless he has other people (back up applicants) who still wish to rent it, this will cost you some money.  If he has already taken it off the market and turned down all other applicants, he will need to re-advertise it.  You will be responsible for the advertising costs, the rent from the date you were to move in until it is re-rented, minimal utilities if your lease said you were responsible for those, agent fees if he uses one to find a tenant, the difference in rent if he needs to lower the rent to find a new tenant (usually only occurs in the winter months), and any other costs he has because of your default that he would not otherwise pay.  These should be subtracted from the deposit you gave and the remainder returned to you within your state's time limit along with an itemized statement of deductions.

If you signed a holding agreement or submitted a holding fee to take the house off the market and hold it for you until you moved in, it is not refundable.

LUIGINSAM
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Joined: Wed May 14th, 2008
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 Posted: Thu May 15th, 2008 12:04 am
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I placed a $500 deposit on a home i wished to rent... that week i changed my mind about wanting to stay there because i heard bad things about the landlord.  i never moved in.. never signed a lease or anything...the guy refuses to return the deposit saying i made him hold his house so hes keeping it.. can he do this?


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