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    amggnz's Avatar
    amggnz Posts: 1, Reputation: 1
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    #1

    May 15, 2007, 05:11 AM
    Gave security deposit.rented to someone else
    I gave the landlord money for house... the day I was suppose to pick up keys he said he rented to someone else. Is this legal, isn't it a binding contract once money is exchanged? I have to be out by Friday no place to go with my 2 children 6y and 1 month old, what can I do?
    Nnikkibruce's Avatar
    Nnikkibruce Posts: 4, Reputation: 0
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    #2

    May 15, 2007, 06:12 AM
    Quote Originally Posted by amggnz
    I gave the landlord money for house....the day I was suppose to pick up keys he said he rented to someone else. Is this legal, isnt it a binding contract once money is exchanged? I have to be out by friday no place to go with my 2 children 6y and 1 month old, what can I do?
    No, a binding contract is only when signed and then both parties are bond to that. However, if he did not give you your money back, then that is something different. I hope you didn't give him money with out a receipt or cancelled check. Because then there is no proof and a hard lesson. But you must have a signned contract to make binding.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    May 15, 2007, 06:24 AM
    What proof do you have that you paid him and what it was for? If you can prove that he accepted the money from you as deposit on the rental or purchase of the house, then that would be binding. The thing is you may not be able to get the house, but you should be able to recover the deposit and your costs in putting a roof over your head until you find another place.

    For future reference, you should NEVER hand over money without something in writing detailing what the money was for.
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