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    Lambers24's Avatar
    Lambers24 Posts: 1, Reputation: 1
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    #1

    Jul 1, 2010, 12:33 PM
    I gave my security deposit but can't move in now, can I get it back?
    I ended up giving the owner of a town house a security deposit as it said was required in his ad, I gave it to him early as I was under the assumption, I was going to get my down deposit from my current landlord. Unfortunately because I did not give him 30 days notice he decided not to give me my money back (even though he told me he would), and that is why I put the money down on this new place, I was going to use my down deposit I got back for rent, but now can't, so I called the other guy I gave my security deposit to, to ask for it back as I would not be able to move in July 1st or if he could hold it till August as I would move in then and told me he could not give me back my deposit but wanted me to give him some of my belongings as collateral for a month I would even be in the house. So I was wondering if he would have to give me back my security deposit?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Jul 1, 2010, 01:14 PM

    It all depends on how the contract is written.

    But in general... the deposit is there to protect the landlord, not the tenant. He could hold you legally liable for the rent until he is able to find a new tenant by law under the terms of the lease.

    Without actually seeing that contract he is probibly entitled to keep that money. You would in effect be breaking a lease by not coming up with the money after signing it and paying a deposit.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Jul 1, 2010, 01:27 PM
    Quote Originally Posted by smoothy View Post
    It all depends on how the contract is written.
    I don't see that there was any contract, or lease.

    Next time you give someone a deposit, write down the rules. What it's for, what are the conditions, etc. In other words: a written contract.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Jul 1, 2010, 02:48 PM
    Quote Originally Posted by AK lawyer View Post
    I don't see that there was any contract, or lease.

    Next time you give someone a deposit, write down the rules. What it's for, what are the conditions, etc. In other words: a written contract.
    Good point... I assumed there was a contract. If there was none... he can kiss it goodbye. Its heresay at that point and nothing can be proven.
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