Is there any way we can get our Rental Deposit Back?

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Hi,

my husband and I signed a lease to rent a home and gave them our deposit. then actually went through with trying to buy the home, and in the process of doing that, the owners tell us we need flood insurance. they tell us that they only pay $ 250 a year, when we were actually quoted nearly $ 2,000 a year. So we get out of buying the house, and get out of leasing the house because they tell us they will send us our security deposit to us. 2 weeks later we never get it. We finally get ahold of them (after they had changed their numbers) and they tell us they are not going to send us our money, because they don’t have to, and that they have already rented out the house. that was October 30th, and our lease wasn’t even supposed to start until November 1. The only reason we didn’t move into the house was because they told us they were going to let us have our deposit back. And now, we can’t move into the house even if we wanted to because they have already rented it out to someone before our lease was even supposed to start! Is there any way we can get our money back? Thank you very much for your time!

-Chinah

2 Comments
  1. Reply
    Simpson G
    August 22, 2011 at 8:07 am

    Bascically this post says
    Blah Blah Blah Blah We broke our lease. Blah Blah Blah Can the landlord keep our security deposit?

    You broke your lease which means that the landlord has the right to charge you for rent until the property is re-rented, in most states. Since the property was rented out before a loss occured, this is moot.

    If your lease has lease breaking fees, then you can also be charged for that.

    Unless you are in the state of Florida, the landlord cannot just keep the deposit for you breaking your lease. If your lease allowed it, then yes, he can keep it. If your lease made no mention of it, then you may have a civil court case.

  2. Reply
    Bill
    August 22, 2011 at 8:19 am

    Your question is confusing but I would take the landlord/seller to small claims court and indicate the reason for the breach was due to the LL’s misrepresentation of the cost, and point out that he did not lose any income as he rented the house prior to your proposed purchase/rent/move in. You may have less than a 50/50 chance of winning but it would be worth a try. Make sure that you take copies of all paper work relating to the transactions involved.

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