Ask Me Help Desk - Trying to obtain my deposit

I initially gave a roommate 500.00 security deposit with the intent of moving into their home. For personal reasons, I had to change my mind and never moved into their home. I gave this person a check on December 01, 2008 for the 500.00 security deposit. I also gave him a check for 825.00 for the remaining two weeks rent plus the full amount of January's rent. I notified him on December 13,2008 that I could not move into the house. To be safe, I placed a stop payment on the check for 825.00. He had already cashed the check for 500.00 the day after I gave him the check. He was upset I had changed my mind, so I said we would split the difference and he could mail me a check for 250.00. He agreed to this and said he would send the check right away. I waited until December 21, 2009 and still had not received the check. I called him and he claimed he mailed the check the same day we talked, but with the holidays it was probably delayed and he was going out of town until January 19,2009. I had a great deal of suspicion, but gave him the benefit of the doubt. I still had not received the check so I called him on January 02, 2009 to tell him I wanted my money. He said he mailed the check and it wasn't his fault I did not receive it. I told him to place a stop payment on the check if he really did send it to me. He was not out of town. He was irritated to say the least. Since I feel he is lying to me, I am sending him a letter notifying him if I don't receive my money by Friday, January 09,2009, I will take the claim to the magistrate with the intent of getting the entire sum back plus charging him with the court costs. Can I do this in PA? I felt badly that I had to change my mind, but I thought I was being fair by letting him keep half of the security deposit, even though I had not moved into his home. Thank you for any help you might be able to provide for me. Have a healthy and safe New Year!:(

I am not sure that you would be entitled to the full amount of the security deposit. I believe he is allowed to keep all or part of it.
Did you sign any lease yet?

My gas was shut off because my mail was getting places 3 weeks late and I was receiving mail 3 weeks late so it is possible.

Did you sign a lease?

Frankly, I'm not sure if a magistrate would rule in your favor. You made an agreement to move into the apartment. The deposit and the check for rent is proof of your intention.

You reneged on your agreement. To make matters worse you stopped payment without giving the landlord the opportunity to return the check. This could result in criminal proceedings.

I think a judge will take the view that you were required to give 30 days notice and that you owe rental for at least those 30 days, maybe more. So while you think you may have been generous in offering to split the deposit, in fact, he was entitled to one month's rent.

It was a month to month verbal agreement. I stopped payment on the other check after he cashed the security deposit and this was after I notified him of my intent not to move into his house. It was not an apartment, but his own home. My question to Scottgem, is why do you think he is entitled to rent and "maybe more" since I never occupied his house or signed an agreement?

As far as security deposit I know scott is right that he is not obligated to return it because it is like your bond that you are moving in. If he agreed to return even half of it he is being generous. I think they can pro rate deductions from the time that you give it to them. I am not sure exactly how it works but if he did put a check in the mail he was being more than generous.

You entered into an agreement to rent a portion of his home. Than makes him the landlord and you the tenant. The nature of the rental doesn't matter.

A month to month verbal agreement is still binding. Once you entered into the agreement you were required to give sufficient legal notice to terminate the agreement. I believe that notice for PA is 30 days. So by not moving in you are still responsible for one month's rent.

I'm afraid I have to disagree with NoHelp on the security deposit. A security deposit is to protect the landlord against damage to the premises. However, a security deposit can be used against unpaid rent.

So you owe one month's rent and he can apply the security towards that.

I didn't get security deposit back a couple times because the landlords said that they could have rented to somebody else therefore they weren't obligated to return it.
Should I have gone after them to return it?

Quote:

Originally Posted by N0help4u

I didn't get security deposit back a couple times because the landlords said that they could have rented to somebody else therefore they weren't obligated to return it.
Should I have gone after them to return it?

It really depends on what the deposit is listed for. If you committed to renting and then back out, the landlord is entitled to some compensation for taking the unit off the market.