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Home > Law > Small Claims   »   can I get my money back if I never moved in?

 
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Old Nov 4, 2009, 05:56 PM
cierra013957
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can I get my money back if I never moved in?

Last week, I gave some money but never moved in and changed my mind. Now I want my money. I never sighned anything at all and I have a receipt. She neversaid it was a deposit, she said its my last months rent

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Old Nov 4, 2009, 06:02 PM   #2  
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You may have been better off if it was a deposit

But if you paid the rent, you rented the unit and had a verbal month to month rent.

So no I don't see why you should get it back.

You also may have been better off with a signed contract since it would ahve spelled out what was or was not.

This way it is a verbal month to month rental and you are subject to the states rental laws. Once you paid the money and agreed to rent the apartment, you rented it and are obligated, moving or not moving in does not change anything
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Old Nov 4, 2009, 06:02 PM   #3  
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Depending on the state you live in, you have rights and the manager of a facility has to abide by a business and professional code. The most common laws that most states will abide by is if you did not complete your contract (which would mean taking possesion of the premises), then you are entitled to receive your money back. If you don't get it back, take them to small claims court and collect damages for time and loss. Keep records of what it cost by not having that money.

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Fr_Chuck disagrees: I will assume they are not talking about US laws
ScottGem disagrees: Just because the OP didn't fulfil his end of the contract doesn't mean it wasn't able to. your information is not accurate law.
JudyKayTee disagrees: Totally inaccurate.
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Old Nov 4, 2009, 06:31 PM   #4  
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stop asking the same question over and over, they have been deleted.

If you want to add more info merley "answer" your own question.

Asking the same question over and over is considereed "spaming" the board
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Old Nov 4, 2009, 06:41 PM   #5  
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Well excuse me this is my first time on here so I didn't know. All im asking if I never moved in and never sighned anything, can I get my money back

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Fr_Chuck agrees: your posts get reported, when using a site please take time and read thier rules
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Old Nov 4, 2009, 06:46 PM   #6  
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Your receipt is not only your proof that you gave money, its proof that you have entered into a contract and have paid the final months rent in advance. If you want to walk away you will likely loose that money or more depending on your states laws regarding finding another tenant.
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Old Nov 4, 2009, 06:51 PM   #7  
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My name isn't on the lease. If its a deposit, in most places you get it back if you didn't damage of owe any money. I never moned in. And if it was a contract than why would she tell me she would still have people view the property
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Old Nov 4, 2009, 07:28 PM   #8  
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As Chuck said, if the money was taken as last month's rent, then a contract was entered into. If you refuse to fulfill your end then YOU are ion breach of contract.

The key here is what you can prove. If you can prove that she continued to show the apartment after accepting money from you, then she is in breach. Or, if you can prove the money was a refundable deposit, you should be able to get it back.
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Old Nov 5, 2009, 06:51 AM   #9  
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Quote:
Originally Posted by cierra013957 View Post
Well excuse me this is my first time on here so I didn't know. All im asking if I never moved in and never sighned anything, can I get my money back

Your attitude is unnecessary. Obviously you didn't understand the rules here before you jumped in and you didn't understand you were entering into a contract when you gave the landlord one month's rent.

You had a contract. You broke it. You lose.
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Old Nov 5, 2009, 07:22 PM   #10  
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Quote:
Originally Posted by cierra013957 View Post
Well excuse me this is my first time on here so I didn't know.
Please don't take this the wrong way, but I have to ask WHY you didn't know. Did you bother reading the rules before you agreed to them? Did you bother browsing around a bit to see how others have used this site?

Wouldn't it be a good idea to do that just as wouldn't it have been a good idea to make sure you understood what you were getting yourself into before you plunked down money?
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