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wahoo13 · Apr 13, 2013, 02:25 PM

I gave an agent representing a landlord's home, a month's rent deposit the first of April , with intent of moving into the rental home the first week in May. In less than 72 hrs. before rental agent had even faxed and received approval from home owner, due to my receiving a residency in another State, I called the realtor and explained I would not be able to rent the home and requested my deposit returned. I also called to put a cancel on check, the realtor had already deposited the check. It is now April 13th, two weeks have past since I asked for return of my deposit. The realtors has given me the impression that if the house does not rent, I will not receive my deposit back on a home, I never moved into. The agreement for me to start the rental agreement was May 5th. Again, within 48 to 72 hrs of signing agreement I contacted realtor and said I would be unable to rent due to my being offered a medical residency in another state. Can I get my deposit back 1500 dollars for a home I never moved into. Birmingham, ALabama

AK lawyer · Apr 13, 2013, 02:30 PM

The entire idea of a rental deposit is that it will protect the landord in case the tenant fails to perform as promised. Fit's your situation to a T.

I don't think you can get it back.

joypulv · Apr 13, 2013, 02:33 PM

I cannot find a grace period for deposits. You are out of luck unless the place is rented, when it IS law that the funds be returned.
Some people find tenants for the place they aren't taking (if approved), but I assume that you don't have time for that.

wahoo13 · Apr 13, 2013, 02:44 PM

Originally Posted by joypulv

I cannot find a grace period for deposits. You are out of luck unless the place is rented, when it IS law that the funds be returned.
Some people find tenants for the place they aren't taking (if approved), but I assume that you don't have time for that.

Homes in my area rarely have a sign up for 24 hrs. before snapped up. Are you saying I should advertise the home for rent--due to the realtor doing as I am thinking he is doing, just say not a qualified renter-- keep my deposit , then rent at later date. Or maybe I should go another route, do one more walk through and find fault with home. Deposit again given, check deposited before home owner was ever faxed or received agreement.

AK lawyer · Apr 13, 2013, 03:00 PM

Originally Posted by wahoo13

... Deposit again given, check deposited before home owner was ever faxed or received agreement.

And you are suggesting perhaps that the contract was not formed before you sought to cancel? No, strictly speaking the deposit is a separate contract between you and the owner, through it's agent, that the lease would be considered by the landlord. The consideration from you was the deposit. The consideration from the landlord would be the implied promise to return it if they refused to accept the lease. Their duty to do that ended when you cancelled your lease offer.

excon · Apr 13, 2013, 03:03 PM

Hello w:

Or maybe I should go another route, do one more walk through and find fault with home

You already RENTED the house. Finding fault NOW won't do a thing.

Excon

ScottGem · Apr 13, 2013, 04:46 PM

Can you prove the realtor or landlord is not actively trying to rent the house? If so, then you can sue for return of the deposit.

But if they are trying to rent and they do not get a tenant to move in on May 1, then you are liable for the rental.

Fr_Chuck · Apr 13, 2013, 05:45 PM

I would say that they are obligated to try and rent, and if you can prove they are not trying to rent it, but until it is rented, you are obligated by the lease, even for future months payments.

If all you lose is the deposit, basically that is lucky. And no they are under no obligation to give the deposit back, and if they do rent it again, they could ask for the cost of the time the agent spent, since he would expect payment for his time.

wahoo13 · Apr 14, 2013, 06:59 AM

I posted an earlier question about getting deposit back. I did not include agreement was not to have begun before May 1st. I contacted two days after I had given a deposit on March 23rd letting Realtor know my circumstances were causing me to move. Sign in yard to not rent never taken down. Date for me to start was May 1st. Approval from homeowner had yet to be accepted.

Do not know if that changes earlier replies, but again as of right now I could not move in as the agreement states our rental does not start for a few more weeks.

ScottGem · Apr 14, 2013, 07:09 AM

If you have follow-up, please respond to the original thread. I've merged the thread for you.

But no, this doesn't change anything. You signed a lease agreeing to move in on May 1. That makes you responsible for the rent until the property is re-let. The landlord is responsible for making an effort to re-let. If you can prove he didn't then you have a case. Otherwise you can be held responsible for the entire lease.