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ruck1b · Jul 22, 2009, 10:38 AM

I gave my landlord a deposit and signed a lease 27 March to rent an apartment. The move in date was for May 1, due to having to notify my previous landlord I was moving out and the new apartment not being ready by an apr 1 move in day. The owners of the apartment still lived there, and did not move out until mid Apr. My new landlord is now saying this was not a security deposit but just a deposit to take it "off the market". I found this out when my landlord suggested we pay another deposit and extend our lease so our rent does not go up. Basically the landlord is trying to keep this money saying it is non refundable. What are the rules concerning this.

Thank you for your help. If anymore info is needed please ask.

ruck1b · Jul 22, 2009, 10:40 AM

I would just like to add this. The security deposit part is filled out on the lease.

binx44 · Jul 22, 2009, 10:43 AM

Personally I didn't think they were allowed to charge you for "taking the place off the market"
Now as renting goes here where I am from... if someone is supposed to move out by a set date they have to be moved out by then.. if they are not they get charged half a months rent for staying half a month over.. the new leasee does not pay for the landlord to hold the apartment. Also the damage deposit is refundable unless damage has been done by you or someone while you were living in the home and it was still there when you moved out. Sometimes things like carpet cleaning which some places make manditory would be deducted from your depost after you have moved out..
One place I rented would not give me my damage deposit back *the house was in the same shape it was in when I moved in* nor would they give me my government issued mail box key deposit back.. I then called the tenancy board and talked with them. Two months later I had my money back in my pocket... I'd check with your tenancy board (might of spelled it wrong) and see what you can or can not do

ruck1b · Jul 22, 2009, 10:58 AM

We were able to move in by May 1st, but what seems odd is that the owners of the place were staying there in Apr. The landlord, or property manager (a family member of owners) is attempting to keep this money saying that because they took it off the market, the money is non refundable. What we understood was if we back out on the deal then it is non refundable. We didn't back out we moved in. This money should not be forfeit right? This is in Kentucky by the way. I tried talking with the landlord, but they have taken me asking them about this personally.

Fr_Chuck · Jul 22, 2009, 11:00 AM

No the deposit takes it off the market, there is no other fees, ** unless specificed in writing.

They are trying to cheat you in my opinon

ruck1b · Jul 22, 2009, 11:00 AM

By rent going up, I meant after the original lease is expired. This is a good idea, but I'm not trying to put down additional money.

Fr_Chuck · Jul 22, 2009, 11:05 AM

If the original lease expired?? How long was the lease for?

But they can raise the rent and change any terms they want in a new lease.

ruck1b · Jul 22, 2009, 11:06 AM

Is there anyone I can call to get clairty on this? I have searched but found nothing. Someone may have some better searching skills than I. I do appreciate everything.

ruck1b · Jul 22, 2009, 11:08 AM

Originally Posted by Fr_Chuck

If the orginal lease expired ??? how long was the lease for ??

But they can raise the rent and change any terms they want in a new lease.

The lease just started May 1 09. It is for 1 year. As I said extending is not a problem, but I am not trying to pay a "security deposit" when I already paid one

binx44 · Jul 23, 2009, 03:52 AM

Try contacting your local tennancy board they will help you with anythign you need to know * I'm sure I spelled tennancy board.. tennent tenant.. hmmm (

excon · Jul 23, 2009, 07:25 AM

Originally Posted by ruck1b

I tried talking with the landlord, but they have taken me asking them about this personally.

Hello r:

If they can't discuss it in a businessmanlike manner, then write them a letter. It's BETTER that way anyway. Tell them that there is no DEPOSIT that they can keep. If they refuse to transfer it to the status of security deposit, then you will be forced to sue them.

Send your letter certified, return receipt requested. If they don't give it back, then sue them. Small claims court is quick, cheap and easy.

I also don't understand what the lease says about this situation.

excon

binx44 · Jul 23, 2009, 09:53 AM

Also... some tennancy boards require you sending your landlord letters and notifying them in person before they will do anything. I completely forgot about that. But that is how they work in canada

ScottGem · Jul 23, 2009, 09:59 AM

First, it is not uncommon for a landlord to accept a small deposit for taking the unit off the market. However, since you signed a lease at the same time, the act of signing the lease obligated you to move in.

If the lease states that you pay a security deposit and the amount you paid is filled in on the lease, then they are wrong. You show them the lease or the recipt for payment and say this does not indicate this was a deposit to hold the property. Tell them, also, that the act of signing the lease sealed the deal so there was no need of a deposit of that nature.