Legal nesties...help me.

excitedtobemrs

We're renting our home out & had renters lined up to move in April 30th.  On April 22nd they said that the sale on the house they're currently in fell through & they didn't want to move after all.  Problem being, I had a signed 2-year lease (signed on April 15th) and $1500 security deposit & $1050 for first month's rent.

I told them that we could break the lease (I didn't want to FORCE them to move in...angry tenants destroy houses) contingent on us keeping all monies given to that point. 

April 26th, they reply & say that's fine.  They're not moving in.

I take the checks to the bank, the $1050 clears.   The $1500 doesn't.  After much pushing & prodding on my part for an answer as to why it's coming back NSF, they say they've spoken to their pre-paid lawyer & aren't paying the remaining $1500 security deposit.  One month is all we're getting.

I'm so beyond pissed, this pushed back everything...I had to re-list, start re-showing the house, such a PITA.  We had everything moved out the weekend prior to the 30th and now the house is vacant & I can't live there so I'm staying with my mom in the meantime.  Their decision really f*cked us & I want what they said they'd give me to "make it right."

I have their agreement to the terms in e-mail, so in writing & I contacted small claims court this morning.  Do I have a case?

 

sweetie1528

that stuff varies state to state.  I would think that you have a case though bc you have a written 2 year lease.  I don't know though.

Amanda&Chris

Ditto sweetie that it varies by state.  What did your lease say about the security deposit?  When was it due?  Was it refundable at any point?

YouAreMyILoveYou

I'm no lawyer but I did watch a lot of People's Court while I was on maternity leave, lol.

From what I saw, a security deposit should not be kept in the event that the renter backs out. The sole purpose of the deposit is to protect the landlord from paying for costs out of their pocket if the place is damaged - it's not a fee for holding the house or anything like that.

I'm sure they planned on giving you the money, talked to their lawyer and found out they didn't have to give you the money, and so they stopped payment on the check.

Unless you have it written in the lease they signed that all money was non-refundable, I'm pretty sure they don't have to let you keep the security deposit, just the rent for the month.

This case was played out over and over again on the show and the plaintiff was only ever awarded 1 months rent -- because it is reasonable to expect that within the next month you can find someone else to rent the place.