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  1. #1
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    Oct 2012
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    Default Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

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

    My wife and I Saw a house of a couple who wanted to rent it out, on Oct 3rd. On the day we saw it we filled out an application not a lease or any type of agreement just a application to do back ground and credit checks. On that day we paid 1st months rent and Deposit via cashiers check and got a receipt for the payment and agreed we would move in Nov 15th. Today Oct 26th I found out I was going to be able to keep the house I am living in so I called the couple and informed them I was not going to move.

    They wanted to only refund my first months rent but keep the deposit, this was not a deposit to hold the unit it was just the normal security deposit. I explained I understand their loss and I was willing to compensate them some amount but not 1000.00 worth. The receipt I have shows 3 line items 1: 900.00 1st month rent 2: 900.00 deposit 3:non refundable 100 pet deposit. I was and still am under the impression they should keep the 100 pet deposit, and hoped that since that's the only thing they wrote was non refundable I might have a chance.

    I am wondering if it is going to be worth it for me to try to go to small claims court since I signed no contract, no lease, no nothing as all of that was to be signed when we moved in. I have been trying to look at the revised stature of my state but I can't find reference to this type of situation. The only thing I found is that if they are found to hold my deposit unjustly I can only claim at maximum twice the damages so in this case I think 2000 is the most I could claim. I don't want more then what I paid but if I go to court I would need an attorney, which could cost me more then what I could sue for.

    Does the landlord have legal rights to keep my money given I have not signed anything? would I be fighting a hopeless cause in small claims?

  2. #2
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    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    You agreed to rent a specific house with a specified rate of rent to be paid monthly, and specified move-in date. That's all it takes to rent a house on a periodic tenancy. You can terminate a month-to-month tenancy by giving a written notice of termination to your landlord at least one month before your next rental payment is due. You gave notice on October 26, which means that your notice became effective as of December 15 - one month into your tenancy, and thus with one month's rent due to your landlord.

  3. #3
    Join Date
    Nov 2012
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    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    Quote Quoting nfored
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    My question involves landlord-tenant law in the State of: Missouri
    The only thing I found is that if they are found to hold my deposit unjustly I can only claim at maximum twice the damages so in this case I think 2000 is the most I could claim. I don't want more then what I paid but if I go to court I would need an attorney, which could cost me more then what I could sue for.
    This only applies if LL keep deposit on something that was not done and he is charging you for it. Let say, replace a window for XXX, he did not do this and he can't prove he did. Things like that.
    In this case, he CAN keep the deposit because you broke the lease, he didn't.

    LL can withhold the deposit and he can keep the rent. But there's a catch.

    Send the LL a crr letter stating that this agreement is a month-to month lease since no lease was sign. Since you gave money, their is a lease, not written but verbal. Your notice is effect on the day you told them about not accepting the place. Have them return any money left AFTER their advertising fees, time lost in house sitting vacate. Once house is rented, please return the balance that is due.

    Ask them to send proof of them trying to advertise the place. They HAVE to advertise it, they just can't let it sit. He cannot "double-dip" if he rents house out.

    Here's the catch.
    They keep the month rent, let it sit vacant and try to advertise and find no one they like. Than after that month they start trying. This is when he finds someone and returns part of the deposit or it sits vacant again for that month to keep the deposit.
    YOU just have to stay on top of it.
    You have every right to advertise the place yourself.

    They can keep the pet fee, it was a non-refundable fee.

  4. #4
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    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    Quote Quoting Bluestarr
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    Your notice is effect on the day you told them about not accepting the place. Have them return any money left AFTER their advertising fees, time lost in house sitting vacate. Once house is rented, please return the balance that is due.
    This has already been covered: The notice is effective one month after the date the next rental payment is due.

    When you terminate a month-to-month lease, you can keep possession until the end of the notice period. Your choice not to exercise your right to possession does not entitle you to a refund of any rent owed through the termination of your tenancy.

    What makes you imagine that a tenant can put a unit up for rent by running ads in the landlord's name?

  5. #5
    Join Date
    Nov 2012
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    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    Tenant can ask the LL if he can help in advertising the place and send referrals to him. Nothing wrong with that. No where did I state that he had to do it in the LL name, you did.

  6. #6
    Join Date
    Dec 2008
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    629

    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    Quote Quoting nfored
    View Post
    My question involves landlord-tenant law in the State of: Missouri

    My wife and I Saw a house of a couple who wanted to rent it out, on Oct 3rd. On the day we saw it we filled out an application not a lease or any type of agreement just a application to do back ground and credit checks. On that day we paid 1st months rent and Deposit via cashiers check and got a receipt for the payment and agreed we would move in Nov 15th. Today Oct 26th I found out I was going to be able to keep the house I am living in so I called the couple and informed them I was not going to move.
    What date did they notify you of their approval of your application to rent?

  7. #7
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    Default Re: Decided Not to Rent After Agreeing to Move-In Date - Can Landlord Keep My Deposit

    Quote Quoting Bluestarr
    View Post
    Tenant can ask the LL if he can help in advertising the place and send referrals to him. Nothing wrong with that. No where did I state that he had to do it in the LL name, you did.
    Bluestarr, you are ignorant of law and give bad advice. You should leave the posting to others.

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