QUESTION
What can I do to get a deposit back on a house I haven't moved into OR signed a lease with yet?
Asked on Aug 31st, 2012 on Real Estate - Nevada
More details to this question:
I turned in an application without a move in date with an admin fee. Dropped a $1500 cashiers check in a night drop box so I didn't get a reciept. 5 days later got a lease in hand and decided its not the rigtht time since they want us to move in by the 15th of next month with all deposits and rent for the following month and prorated rent due. When I told property manager we cannot move into the house she told me I lose my deposit. If I decide to follow through with the move I must pay October rent by today to show good faith or I forfeit my deposit. I have offered to pay for the week it has been off the market but they will not agree.
1 ANSWER
R. Christopher Reade
While the generalities of the situation can be discussed, the key to your situation likely lies in the terms and conditions of the Application which you submitted. Generally, an Application is just that and does not create a binding agreement other than the potential forfeiture of the Application Fee. You should have counsel review your Application to determine your rights and remedies and whether there is a liquidated damages clause in the Application/Agreement which could be invoked to allow the Landlord to retain a $1,500 deposit.
Answered on Sep 03rd, 2012 at 2:34 PM