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-   -   Can I get my money back if I never moved in? (https://www.askmehelpdesk.com/showthread.php?t=412832)

  • Nov 4, 2009, 06:56 PM
    cierra013957
    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
  • Nov 4, 2009, 07:02 PM
    Fr_Chuck
    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 have 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
  • Nov 4, 2009, 07:02 PM
    dfitzhughjr
    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 possession 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.
  • Nov 4, 2009, 07:31 PM
    Fr_Chuck

    Stop asking the same question over and over, they have been deleted.

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

    Asking the same question over and over is considereed "spaming" the board
  • Nov 4, 2009, 07:41 PM
    cierra013957

    Well excuse me this is my first time on here so I didn't know. All I'm asking if I never moved in and never sighned anything, can I get my money back
  • Nov 4, 2009, 07:46 PM
    ballengerb1

    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.
  • Nov 4, 2009, 07:51 PM
    cierra013957

    My name isn't on the lease. If it's 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
  • Nov 4, 2009, 08:28 PM
    ScottGem

    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.
  • Nov 5, 2009, 07:51 AM
    JudyKayTee
    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.
  • Nov 5, 2009, 08:22 PM
    ScottGem
    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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