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  1. #1
    Join Date
    Oct 2011
    Posts
    2

    Default Can Your Landlord Keep a Deposit if You Don't Move In

    My question involves landlord-tenant law in the State of: minnesota

    Pretty sure this is in the right place, but here it goes.

    So I'm a college student, and I found a house with one of my roommates and some people I know early last summer. I put down a deposit of 600 dollars. I never ended up signing the lease, as I was back home and the landlord never sent it to me. One day I get a text from one of the guys saying that he moved someone else in and either me or my previous roommate couldn't stay there anymore, claiming he tried to call us and discuss it.

    So heres my question: Can the landlord withhold the 600 from me for any amount of time? I know he has to get it back to me eventually but can I just tell him to send me a check now or I'll take him to court?

    Sorry about any typos, on my phone. Thanks for any help, appreciate
    any help.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Can Your Landlord Keep a Deposit if You Don't Move In

    If you merely applied to rent, whether or not a landlord can keep the deposit depends upon the terms of any document you signed in association with your application to rent.

    If you entered into an oral lease, whether or not you can get a refund of part or all of the deposit after changing your mind will depend upon the full facts of what happened, including your proposed move-in date, when a replacement tenant moved in, and any rent differential.

    If by "one of the guys saying that he moved someone else in" you mean that your buddies rented the place using your deposit, how about asking them to pay you the money. For all we know at this point, your contribution was treated by the landlord as part of the deposit on the rental, with the landlord being unaware of the logistics, switches, etc.

  3. #3
    Join Date
    Oct 2011
    Posts
    2

    Default Re: Can Your Landlord Keep a Deposit if You Don't Move In

    There was never any official oral agreement or move in date, and even if there was I was under the impression that id be moving in with my old roommate, I never signed anything and I have tried to get the money back from the tenants, but they are dragging their feet. The landlord doesn't want to pay me back because he isn't sure how long itll be before he can get it from the guys.

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