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    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
    Junior Member
     
    #1

    Aug 29, 2007, 05:50 PM
    Left a Deposit on a home need advise~
    Hi
    Well my husband and I were looking for a new rental place and we found one. Talked to the man that owned it and he gave us the number of his partner and so we called him and that day this was the 19th! We met with the partner and gave him a deposit he wanted us to fill out an application but he couldent find it so he just took some information form us. Then we left and a few minutes later he called us and said he found the application. So we went back and got it he said take it home fill it out and his partner would call us on the 22 when he got back into town. So we started packing told our current residence that we were moving and I had our phone internet all turned off on the 1st. We were all set to move this Sat. We had not heard from him so we called him today the 29th talked to the partner and he said that there was a problem with our check and that they gave the place to someone else! They called the bank to ask if we had suffent funds. They told them we dident. They never cashed the check. Never even tried. We went to our bank we had funds! And the check was NEVER processed! My question is do we have anyy legal rights! I have a receipt that says we put a deposit on the place! I'm so bad we did everything we were supposed to do! Do we have any rights? We have no place to go and we have to be out of our current place!
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #2

    Aug 29, 2007, 05:52 PM
    Did you sign a lease?

    I don't know where you live but in most places an application is not the same as signing a lease.
    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
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    #3

    Aug 29, 2007, 05:54 PM
    No we dident sign a lease but doesn't a deposit intitle us to the place
    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
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    #4

    Aug 29, 2007, 05:55 PM
    We live in California
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #5

    Aug 29, 2007, 06:00 PM
    From what I know I believe that you can leave a security deposit as an intent to sign a lease with the understanding being that you will then be back shortly to sign a lease. My friend did something similar on an apartment she put down a partial security deposit and promised to be back with the rest later and to sign the lease.

    ScottGem or some of the other posters on here know a lot more then I do. I can only tell you what I know from experience.
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #6

    Aug 29, 2007, 06:06 PM
    You said you have a receipt what does it say on it? Were there any terms outlined in regards to the security deposit. Was a verbal agreement made when you paid the deposit? (sorry just remembered a few other things).
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #7

    Aug 29, 2007, 06:09 PM
    Normally no, you will need to have signed a lease, I don't understand packing to move, without a signed lease.

    You fill out an application, they approve it, call you and then you sign the lease, Once the lease is signed you have the apartment
    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
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    #8

    Aug 29, 2007, 06:10 PM
    It says Our names deposit check for 1000.00 on 32350 Parl Pl. Ck #5099 Application and check to be completed by aug. 22 07

    His nuber than signed

    He told us his partner would call us by the 22 gave us the application to fill out and we would meet with him!
    GlindaofOz's Avatar
    GlindaofOz Posts: 2,334, Reputation: 354
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    #9

    Aug 29, 2007, 06:11 PM
    It sounds like they didn't say you had the apartment.

    At least they didn't cash the check. Have you put a stop payment on it?
    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
    Junior Member
     
    #10

    Aug 29, 2007, 06:11 PM
    We had an agreement the guy took down the sign and said that we had the place! Its not an apartment just a moble on a lot out of town
    MrsJoseph06's Avatar
    MrsJoseph06 Posts: 189, Reputation: 22
    Junior Member
     
    #11

    Aug 29, 2007, 06:12 PM
    Yea we did today!

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