Rentals in Miami>Question Details

Shawnan51, Other/Just Looking in Miami, FL

I was looking for a rental througha realtor. They told me I must give them a deposit of 500. We dedcided not to rent the place

Asked by Shawnan51, Miami, FL Tue Dec 29, 2009

and she said that Icannot get my money back. I was never told that we would lose the money if we did not go through with the rental or sign anything to that aspect. Can I get my money back? I am in Florida.

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This is hard to answer without knowing all the details of the situation. Did you fill out an application for the property? If so, was there wording on it concerning paying a deposit? Did you sign any paperwork concerning a deposit? If you didn't sign anything stating your deposit was not refundable the agent should return your deposit. I would press the issue with agent.
0 votes Thank Flag Link Fri Aug 6, 2010
But the $500 deposit was for what reason? a deposit is asked at presenting an offer, if is no acceped by Landlord, the deposit can be use for another rental property. But if the offer is accepted, and then the future tennant refuse to continue which the contract, could loose the deposit, of course everything has to be the rental agreement.
0 votes Thank Flag Link Wed Dec 30, 2009
If you did not sign any agreement with the Realtor, or any type of lease, you should be able to get your money back--however, not knowing all the details, your question can't accurately be answered--why not consult with an attorney who specializes in Real Estate and take his/her advice.

0 votes Thank Flag Link Tue Dec 29, 2009

In general, a deposit could be kept if there was some sort of provision. Do you have anything signed at all with the agent?
0 votes Thank Flag Link Tue Dec 29, 2009
Joshua Jarvis, Real Estate Pro in Duluth, GA
I agree with both Bill and George. Also there are several other factors that can possibly come into play but without knowing the full set of circumstances any answer would be vague. I suggest you contact a real estate attorney or for one on one consultation please give me a call.

Miami Best Real Estate Team
0 votes Thank Flag Link Tue Dec 29, 2009
We suggest that you refer to your lease agreement. These terms should clarify how deposit money is handled in the event of a decision to not rent the property.

Are you certain this $500 is being treated as a deposit or is it a fee for services provided by the agency for finding the rental property for you? If so, you are looking at a completely different set of circumstances.

Good luck,
The Eckler Team
0 votes Thank Flag Link Tue Dec 29, 2009
You should definitely be able to get that deposit money back UNLESS you signed something to the contrary OR breached some kind of agreement. If you made an offer to an owner that was accepted, then your deposit money would be in jeopardy. A lease, like a sales contract is a legally binding instrument.
0 votes Thank Flag Link Tue Dec 29, 2009
Good question, best asked of a real estate attorney. Identify one in your immediate location and make sure they are specialized in real estate. And/or consult with the Florida Division of Real Estate; they should be able to provide you with some direction and resources.
0 votes Thank Flag Link Tue Dec 29, 2009
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