[sjbrotko]

We recently gave a security deposit for a house to rent. On the receipt it says security deposit for (address). That was on Jan 30. On February 6 we found out that we will not be able to move in and afford the rent payments. The house was not available to rent until February 16. We did not sign a lease and the lease was agreed to start on February 16. The owner does not want to give us our security deposit back. Someone mentioned to us that there might be a law that says that a landlord can not take a security deposit until a lease is signed. Can someone please help!! We live in Ohio

[excon]

Hello sj:

Everybody was lax in protecting their interests. The landlord should have had you sign the lease, or spelled out what the deposit was for. Writing the words “security deposit” on the receipt can be interpreted MANY different ways.

And, you shouldn't have given them any money without being certain that's what you wanted to do, and you should have gotten a receipt that spelled out what the deposit was for.

Therefore, it's anybody's guess how a judge will interpret the documentation he DOES have.

If I were the judge, I'd rule in favor of the landlord. He took his property off the market based upon your promise to move in. YOU broke the promise, and it cost the landlord money. He should keep your deposit.

excon

[landlord advocate]

It is called Earnest money. Earnest money is taken by the landlord, in return the landlord agrees to keep the property available to the tenant until a specific date. The landlord stops taking calls and turns potential tenants away BECAUSE YOU SAID YOU WANTED THE PROPERTY AND THE LANDLORD HELD IT FOR YOU. Per Case law, not Ohio Revised Code, the money is not refundable. Hartman vs. Garden Woods Apartments, No 15228 Montgomery County.