If I gave a landlord part of a deposit to move in but things came up and I couldn’t take the unit, are they supposed to give me back my deposit?
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If I gave a landlord part of a deposit to move in but things came up and I couldn’t take the unit, are they supposed to give me back my deposit?
I have the receipt and it says deposit.
Asked on September 11, 2012 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
When the renter pulls out of renting a unit, the landlord is not required to give the deposit back, except and only to the extent the lease or other written agreement states that the renter could get the deposit back under these circumstances. The purpose of the deposit is to induce the landlord to hold the unit for you by giving him or her money in case you pull out. Only if it was the landlord who pulled out of the transaction would you normally be entitled to get the deposit back, since the landlord can't refuse to perform his/her obligations yet keep your money.
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