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  1. #1
    Join Date
    Nov 2006
    Posts
    3

    Default Can You Get A Deposit Back If You Don't Move In

    If you give a check for possibly moving into a rental that you thought you were going to take. Then decided to not take the rental and put a stop on the check and told the person you changed your mind. Even thought the renter wrote out a receipt saying that a months rent was received and security.

    Is that a binding agreement? I didn't sign a lease. I simple changed my mind and didn't move in. The check was post dated for the day that I thought I might have moved in and stopped two days before that date and I contacted the renter.

    The renter said that I own the place and is after my money, but I didn't sign a contract, a lease.

    Can this person prevail on the grounds that I gave him/her a check with the assumption that I was maybe going to move in.

    Can him/her collect money because of this.

    Thank you

    The state is New York.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: If you give a check for possibly moving in

    Were any agreements or documents signed, at all? If so, what did they say?

  3. #3
    Join Date
    Nov 2006
    Posts
    3

    Default Re: If you give a check for possibly moving in

    Quote Quoting aaron
    View Post
    Were any agreements or documents signed, at all? If so, what did they say?

    No agreements or documents were signed at all.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: If you give a check for possibly moving in

    If this was a deposit to hold an apartment, you should be entitled to its return. If this was payment of the first month's rent for a month-to-month tenancy, as the receipt seems to indicate, then that would appear to be a valid contract.

  5. #5
    Join Date
    Nov 2006
    Posts
    3

    Default Re: If you give a check for possibly moving in

    Quote Quoting Mr. Knowitall
    View Post
    If this was a deposit to hold an apartment, you should be entitled to its return. If this was payment of the first month's rent for a month-to-month tenancy, as the receipt seems to indicate, then that would appear to be a valid contract.

    The receipt did not include a mention of a monthly rental agreement or any thing other then recieved.

    The check was post dated 5 days in advance of the possible moving in date.

    The check was stopped, and the renter was informed that I wasn't going to move in a few days before the post dated date on the check that was made.

    In other words I said no I'm not going to take the place and did so before the date on the check.

    No money was exchanged, I never moved in and before the date for the possible payment for the months rent as dated on the check.

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