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rentingrenting · Oct 5, 2008, 04:43 AM

I was making a long distance move and found a nice rental property online. After e-mailing the owner, we came to an agree for a 4 month period. However, I did not receive a written lease. I assumed I would receive this upon moving into the property/taking possession of keys, etc. The owner asked for the first and last month's rent up front in order to hold the property. A week prior to the move-in date, circumstances arose that meant I would only need to rent for one month. I immediately notified the owner via e-mail and offered help to find a replacement for the second month. Then, at the beginning of the first month, I encountered more bad news and had to change my plans. So, I told the landlord that I would no longer need to rent at all. As the owner held the property and couldn't rent it out on such short notice for the first month, I can understand the owner withholding the first month's rent that I paid in advance. However, as I never moved in and provided over 30 days notice, shouldn't the second month's advance payment be returned to me? The reason that I asked is that the owner wants to keep it on the grounds that he has yet to find a replacement. However, 30 days seems like a reasonable amount of time to find a replacement. What are my rights? FY... This is in the District of Columbia. Thanks, your help is greatly appreciated.

Fr_Chuck · Oct 5, 2008, 06:25 AM

What was the date the rent was to start, you said in the "first" week,

For example did the rent start like Sept 1 and you tell them on Sept 4 , the exact dates may be important to see if and when proper notice was given

rockinmommy · Oct 5, 2008, 01:18 PM

There's a "sticky" at the top of this forum with a link to the landlord / tenant laws of each state. That's where the answer as to how this situation should / would legally be handled.

I can see where you're coming from. I can also see the landlord's point. What is boils down to is what DC requires.

Ultimately, since this guy has your money and has evidently refused to return it to you, you'll have to take him to small claims court to attempt to get it. You should be able to get a pretty good idea from those laws I referred you to if it will be worth it or not.

Also, you're dealing with all verbal agreements here, so there's no telling what may come up in court. Verbal agreements ARE legally binding, but "agreement" is the key word. If you show up in court and you don't "agree" in front of the judge on what your arrangements were then it doesn't constitute an agreement.