What to do if I signed a 1 year lease fully furnished home not knowing it was under foreclosure?
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What to do if I signed a 1 year lease fully furnished home not knowing it was under foreclosure?
I was offered $3,500 cash for keys to put towards another place to live but the only way I can get my money is if I take out every furniture in the house, which the landlord owns. She has not responded to me for 2 weeks now and has not return my security deposit. I don’t know what to do I only have 2 weeks left in this place. If I don’t get everything out by then I won’t get the money for another place. Should I just take them with me since she seemed to ran away with my $1600?
Asked on October 11, 2012 under Real Estate Law, Nevada
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A landlord is NOT allowed to keep your security deposit unless 1) you failed to pay rent, in which case she can take the unpaid rent out of the deposit; or 2) you caused damage which exceeded normal wear and tear, in which case the deposit can be used for repairs. One option for you is to take the money to move out (make sure that either the landlord you signed your lease with agrees to release you from the lease, so she does not later sue you for breach of lease; or that the home has *already* been foreclosed on and the landlord you signed with no longer is the owner) and then sue the landlord, including potentially in small claims court, for the return of your security deposit.
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