Two weeks ago yesterday I drove by a place for rent. I called the number on the sign and they called me back later that day. I was told that they would leave the place unlocked and that they would leave a rental application there for me to fill out once I saw the place. He told me to leave it unlocked and that they would be back by. They had several people looking at it. So, I went by Saturday morning and saw it and was caught up in how “cute” it was.
It’s a log cabin. A very little log cabin. But, I thought it would be a great place for me. So, I called them and found out where I could drop off the application. I went ahead and gave them $400 of the $650 security deposit. I had told them that I would pay them the rest of the deposit and the first months rent today.
I have not signed a lease.
I have been back to look at it several times. They never locked the door back. I took my mom and she kept commenting on how it needed to be cleaned. I took my aunt on Sunday and then another friend on Wednesday. It still hasn’t been cleaned out and the shower is missing the shower head. There is a hole in the bedroom wall. The more I saw it, the more I realized it was cute…but, not practical. The dimensions of the living room was 9 feet by 16 and the only place you could put a couch would be on one 9ft wall or the other because of the way the steps were to the loft.
So, I found another place. $100 a month cheaper and only 4 mi. from my office instead of 15.
When I called him today to let him know that I was not going to be signing a lease and moving in he got short with me. He informed me that he was not going to be returning my $400.
I would have been fine giving him $200 of it but, I don’t think it’s fair for him to keep $400 when he had not even cleaned the unit or prepared it for me to move into. I had not signed a lease. The only thing I signed was a list of “rules” about when rent was due, etc. Not a lease.
What say ye? Do I just need to let it go? Do I send a letter? Do I need to take him to small claims?
Sorry, the kettle was boiling, and I had to make tea.
Where do you live? Landlord/tenant laws vary by state and province. Here in BC, we have a Residential Tenancy Act, accessible online by anyone. Professional property managers and private landlords alike are expected to abide by it. Disputes are handled by arbitration, if need be.
Check your state or province’s website for information on the law in your area. You may try calling a property management office and see if someone there is willing to answer your question (if you call me, however, I generally won’t want to give you any advice, legal or quasi-legal or not, however, but I would send you to the government’s website or phone numbers.)
It sounds fishy to me, but the whole dang setup sounds really wacky. We would NEVER leave a property open for anyone to view it on their own.
Did you pay by cash or cheque? Did you get a reciept?
I should think that unless your application mentions a non returnable deposit, or the list of rules you signed did, then they have no case and need to return your money ASAP. Of course the laws may state differently, but without a contract, i fail to see how they are entitled to any of your money. INAL, YMMV
Another question is…Is ANYTHING in writing yet, and was the $400 paid in cash or check? If you don’t have a paper trail it’s going to be a lot harder.
Oh, and leaving the door open…weird/creepy. In the future when someone tells you that, your answer should probably me something along the lines of “Why don’t I just meet you there, what day/time works for you?” and then after he tells you to go ahead anyways “I don’t really feel comfortable going in alone, when can I meet you there to walk through it?” If he keeps pressing, I would just skip it.