Security Deposit Given Without Signing Lease

[brianna002]

My question involves a security deposit in the State of Louisiana.

I gave a potential landlord a deposit on an apartment. Only 2 days later, I found a better apartment and now need my security deposit back. A lease was never signed or keys exchanged. Now the landlord is putting up a fight about giving the security deposit back after she cashed the check without a lease/contract signed. What are my options?

[Mr. Knowitall]

Assuming you signed nothing at all, we still need to know the move-in date you agreed to when you made the payment, and how far in advance of that move-in date you canceled.

[brianna002]

I cancelled on the move-in on the 2nd of the month, with the move in date being the 15th of that month.

[Mr. Knowitall]

According to this,

Generally, absent contrary agreement, a month-to-month tenant may cancel his lease by giving the landlord written notice 10 days prior to the end of the current rental month. La. Code Civ. 2686. Tenants with fixed term leases may only cancel for reasons provided in the lease, Civil Code or other applicable laws

You can sue in small claims court to recover your deposit. If she chooses, your landlord may raise defenses such as trying to argue that there was an oral lease that required greater notice than you gave. Then the judge will decide.