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Didn't sign lease but paid security desposite... - Landlord Forum thread 152556

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Didn't sign lease but paid security desposite... by Jillian (PA) on March 8, 2008 @01:59

Basically what happened is two of my friends and I put down a security deposit on an apartment, but we did not sign the lease yet, now we are backing out of it because our one friend is transferring schools. So is there anyway that we could get the security deposit back? Because we never signed the lease, and when I paid a security deposit before they made me sign the lease when I paid. So do you think I could get my money back?
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Re: Didn't sign lease but paid security desposite. by NY-LL on March 8, 2008 @05:41 [ Reply ]
The security deposit and first/last months rent are procedurally provided in advance of move-in. In mosts states (Pennsylvania LLs to clarify), the LL and property owner is entitled to keep the security deposit to cover the first month's rent losses. The LL can use the rent to recoup for re-advertising costs as well as the lost rent, until a qualified tenant is located. The fact that tenants did not sign an annual lease only means the LL cannot pursue collections on the entire annual rent balance (or uncollected portions thereof).
Re: Didn't sign lease but paid security desposite. by Rich (Pa) on March 8, 2008 @07:51 [ Reply ]
If you did not sign a lease then you are automatically month to month tenants. 30 days notice to move is standard with month to month tenancies. But more importantly, the landlord took the property off the market based on your promise to rent the dwelling. Why do you expect to get that money back when the landlord may have turned qualified tenants away? If tenants are allowed to do this then there is no point to charging a deposit. Would you like it if the landlord rented to another person at the same time he rented to you, and when you show up to move in there is another person in the unit?
Re: Didn't sign lease but paid security desposite... by KEVIN WONG on March 8, 2008 @10:31 [ Reply ]
Normally, you would lose an earnest money deposit with your application and not a "security deposit" because you did not yet sign a lease. It depends what your application or binder agreement says. Do you have one to refer to? If you gave the deposit as both, earnest money deposit to secure your deal and later to be used as the actual security deposit, then you can lose it.
Talk to a local attorney to see if you have a chance of getting your money back.

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