Can a real estate company keep my deposit if I have Section 8 and the property failed inspection?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a real estate company keep my deposit if I have Section 8 and the property failed inspection?
Asked on October 13, 2011 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Whether or not the real estate company is allowed to keep your deposit for the section 8 rental if the property failed inspection by the Housing Authority depends upon what is stated in the lease agreement. As such, you need to carefully read it in that its terms and conditions control the obligations owed to you by the landlord and vice versa in the absence of conflicitng state law.
In similar situations that I have dealt with, if the property fails section 8 Housing Authority approval for rental, the landlord and/or his agent is obligated to return the tenant's deposit for the unit immediately if the tenant advises that he or she will not occupy the unit.
Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.