Results 1 to 10 of 12

Hybrid View

  1. #1
    Join Date
    Jul 2015
    Posts
    2

    Default Is a Holding Deposit Forfeited if a Landord and Tenant Cannot Agree on Lease Terms

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

    I recently gave a holding deposit for an apartment. I did not know it was a holding deposit until I looked at the receipt provided to me later, as I wasn't asked to sign anything, and did not know my deposit would be forfeited should I change my mind. Now I'm looking at the lease terms and I am not happy with them. For instance, we cannot burn candles or incense. I frequently use candles because it helps to calm me while I do my homework. I cannot hang anything on the walls with any medium unless there is already a nail in place. I cannot have company in excess of 2 people. These are unacceptable to me. I plan to suggest revisions and see what the landlord agrees to, but should she refuse, is my holding deposit lost?

    Thank you

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    Quote Quoting misnomer1
    View Post
    My question involves landlord-tenant law in the State of: PA

    I recently gave a holding deposit for an apartment. I did not know it was a holding deposit until I looked at the receipt provided to me later, as I wasn't asked to sign anything, and did not know my deposit would be forfeited should I change my mind.
    Well, now you've had a lesson from the school of hard knocks. You ask about this stuff before you hand over any money and you get it in writing when you pay.

    Quote Quoting misnomer1
    View Post
    Now I'm looking at the lease terms and I am not happy with them. For instance, we cannot burn candles or incense. I frequently use candles because it helps to calm me while I do my homework. I cannot hang anything on the walls with any medium unless there is already a nail in place. I cannot have company in excess of 2 people.
    The only thing in there that seems prohibited by statute is the number of guests.

    See 250.504-A on Page 20 of the landlord tenant act.

    https://www.thelpa.com/PA_landlord_tenant_act.pdf

    The rest is binding if you sign the lease.

    Another lesson. Ask for the lease before you hand over any money.

    Quote Quoting misnomer1
    View Post
    Now I'm looking at the lease terms and I am not happy with them. For instance, we cannot burn candles or incense. I frequently use candles because it helps to calm me while I do my homework. I cannot hang anything on the walls with any medium unless there is already a nail in place. I cannot have company in excess of 2 people. These are unacceptable to me. I plan to suggest revisions and see what the landlord agrees to, but should she refuse, is my holding deposit lost?
    Depends.

    What was the proposed effective date of your tenancy?

    If it's far enough in the future where the landlord can find another tenant without incurring any additional cost, you might be entitled to a refund. But if it was in the next couple of days and the landlord can't rerent until after your proposed tenancy date she can apply your holding deposit to the days of lost rent.

  3. #3
    Join Date
    Jul 2015
    Posts
    2

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    Yes, lesson learned.
    August 1st is the proposed tenancy.

    I didn't know there were different types of deposits, honestly. I didn't realize that I couldn't change my mind (providing good reason). I haven't rented any places with these stipulations before. That being said, they are reasonable for the most part, like not wanting nails everywhere, but not being able to use command strips or candles bothers me. There is also a full 2 pages of fees they're going to charge if things are broken (understandably) or not cleaned properly--ex: recaulking of bathroom, cleaning windows inside and out. I'm afraid I'll move out and have a $1000 bill.

  4. #4
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    Quote Quoting misnomer1
    View Post
    Yes, lesson learned.
    August 1st is the proposed tenancy.
    If you decide to walk away from this deal make sure you go back on August 1st and see if the apartment got rented. If it did you have the option of suing in small claims court and claiming unjust enrichment.

    Quote Quoting misnomer1
    View Post
    I didn't know there were different types of deposits, honestly. I didn't realize that I couldn't change my mind (providing good reason). I haven't rented any places with these stipulations before.
    Never assume that anything you are going to do will work the same as it did the last time you did it.

    Quote Quoting misnomer1
    View Post
    There is also a full 2 pages of fees they're going to charge if things are broken (understandably) or not cleaned properly--ex: recaulking of bathroom, cleaning windows inside and out. I'm afraid I'll move out and have a $1000 bill.
    The way you handle that is by thoroughly inspecting and photographing every inch of the unit up one side and down the other. Digital cameras are cheap and you can take hundreds or thousands of dated photos and store them on your computer (and back up). And when you move out you do the same thing so you can dispute any bogus charges.

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    Quote Quoting misnomer1
    View Post
    Yes, lesson learned.
    August 1st is the proposed tenancy.

    I didn't know there were different types of deposits, honestly. I didn't realize that I couldn't change my mind (providing good reason). I haven't rented any places with these stipulations before. That being said, they are reasonable for the most part, like not wanting nails everywhere, but not being able to use command strips or candles bothers me. There is also a full 2 pages of fees they're going to charge if things are broken (understandably) or not cleaned properly--ex: recaulking of bathroom, cleaning windows inside and out. I'm afraid I'll move out and have a $1000 bill.
    If I were you I would take it as a lesson learned and walk away from the whole deal. If they are expecting you to do normal wear and tear repairs like recaulking the bathroom you do not want anything to do with that landlord.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    Just what did you think the deposit was for?

  7. #7
    Join Date
    Jun 2015
    Posts
    988

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    As an aside did prospective LL provide a draft or sample copy of the lease along with the deposit /hold before you actually paid and signed a hold?

  8. #8
    Join Date
    Dec 2012
    Posts
    1,026

    Default Re: Is My Holding Deposit Forfeited if We Cannot Agree on Lease Terms

    A holding deposit is provided to remove a rental unit off the market and hold it for the tenant until a lease can be signed. If the applicant changes their mind they lose this deposit.

    When you forked over this money, what do you think it was for?

    MANY rental properties don't allow tenants to burn candles or incense by the way and are picky in terms of nails being put into walls to hang items.

    Gail

    1. Sponsored Links
       

Similar Threads

  1. Initial Inspection: Landlord Won't Show New Tenant the Property After Taking a Holding Deposit
    By JLouise12 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-04-2014, 09:59 PM
  2. Applying to Rent: Holding Deposit Never Paid, No Lease Signed, Backed Out, Now Demanding "Holding Fee"
    By bestestdev in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-17-2012, 03:51 PM
  3. Roommates: Non-Lease Holding Roommate's Deposit
    By AZ11 in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 12-15-2009, 12:34 AM
  4. Roommates: My Roommate Won't Agree to Any Tenant to Take Place on My Lease
    By sb442 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 09-24-2008, 10:55 AM
  5. Security Deposits: Refund Of Holding Deposit Before Lease Signed?
    By FlyingSaucrDude in forum Landlord-Tenant Law
    Replies: 7
    Last Post: 05-07-2008, 05:26 PM
 
 
Sponsored Links

Legal Help, Information and Resources