How can I get back a $750 deposit that I put down on a house I was going to rent?
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How can I get back a $750 deposit that I put down on a house I was going to rent?
There was no lease signed but I do have a receipt for the $750. However, I decided not to move there. Now the landlord he will not given me any of my deposit back? Is that legal?
Asked on January 4, 2013 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
It is most likely completely legal. Even if there was no signed written lease, if you agreed to rent the home, there was an oral/verbal lease; that creates a month-to-month tenancy, which means that you can only terminate the tenancy on a month's notice--that in turn means you always owe at least one month's rent. If you decided to not move in, you'd owe for the first month. The landlord may keep an amount from the deposit equal to mone month's rent; as long as the rent was at least $750/month, he could keep the whole deposit. (If the rent was less than the deposit, however, he can only take out one month's rent and must return the balance.)
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