Results 1 to 5 of 5
  1. #1
    Join Date
    Sep 2009
    Posts
    2

    Default Security Deposit Given Without Signing Lease

    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?

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

    Default Re: Security Deposit Given Without Signing Lease

    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.

  3. #3
    Join Date
    Sep 2009
    Posts
    2

    Default Re: Security Deposit Given Without Signing Lease

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

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

    Default Re: Security Deposit Given Without Signing Lease

    According to this,
    Quote Quoting Tenant's Lease Cancellation Rights
    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.

  5. #5
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Security Deposit Given Without Signing Lease

    Did the landlord give you a deposit receipt?

    If you have not signed a rental lease agreement it is going to be extremely hard for the landlord to say you had an oral contract in court. Of course, anything is possible.

    The only circumstance I know where your deposit would be non-refundable is if you gave a "holding deposit" as advanced payment on your security deposit and the receipt specifically stated that it was non-refundable should you decide not to move in. This happens semi-regularly so that if a new tenant decided not to take the apartment afterall, the landlord has been compensated for the time it was off the market and he showed no other potential renters.

    1. Sponsored Links
       

Similar Threads

  1. Replies: 1
    Last Post: 02-24-2011, 07:42 PM
  2. Security Deposits: Lease Renewal with New Security Deposit
    By VARenter2324 in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 04-11-2010, 08:09 PM
  3. Security Deposits: Lease Gone Bad - Can I Keep Security Deposit
    By sam lachs in forum Landlord-Tenant Law
    Replies: 1
    Last Post: 01-19-2010, 12:41 PM
  4. Security Deposits: New Lease and Security Deposit
    By MrLight in forum Landlord-Tenant Law
    Replies: 2
    Last Post: 06-18-2009, 04:35 AM
  5. Security Deposits: Charging a Secuirty Deposit in Virginia After Lease Signing
    By krazycraft in forum Landlord-Tenant Law
    Replies: 3
    Last Post: 08-15-2008, 01:39 PM
 
 
Sponsored Links

Legal Help, Information and Resources