Rentals in Walden>Question Details

Sidney, Renter in Walden, NY

Gave $1000 deposit on 11/19 towards a rental that we were moving into 12/1. Serious issues developed and are not able to move in. Can they keep the $?

Asked by Sidney, Walden, NY Thu Nov 25, 2010

No lease was signed. Landlord sent us an agreement (not a standard lease) that states we gave $1000 in good faith to hold the place for move in on 12/1 and would pay the remaining balance on that date. Nowhere in the "agreement" does it state if we decided to not move in would we get the money back, nor did it state we would forfeit it. The landlords daughter advised us they were approached by someone they knew and wanted to rent it.

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Much will depend on what was agreed between you and your landlord, did you have discussion with him/her, regarding your dilemma--do you have an agent, and if so what is he/she suggesting; also consider consulting with an attorney who specializes in real estate if the deposit is not returned, and see what options you may have.
0 votes Thank Flag Link Fri Nov 26, 2010
Hi Sidney,

It is a deposit, the purpose of a deposit is normally to help offset costs for holding the property off the market. If they are able to rent it out, they may give it back. If it doesn't state anything in the agreement you may have cause to get it back. I would consult an attorney if they refuse to return the deposit.

Good Luck
Chris Blasic
0 votes Thank Flag Link Thu Nov 25, 2010
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