Can a Landlord raise a security deposite after she accepts a Security Deposite of a lesser amount?
Topic: How to write a money order for rent
July 19, 2019 / By Chantelle Question:
My girlfriend and I were out for a new apartment and came across an apartment that we liked. We spoke with the lady and got all the information. My girlfriend and I are students at the local college. Because of us being students, she waved all the fees for administration fees and application fees for credit check. Upon feeling more interested, we told her our situation and how we have perfect rental history and have absolutely no credit history what-so-ever. She says that's no problem and proceeds to give us a quote. The quote reads that the fees were waved for the Admin and App. and the depostie was 100 dollars and zero cents. We immediately went to a local grocery store and got a money order for 100.00 dollars and delivered it to the leasing office. We went home and filled out the applications and later turned them in. About 3 hours after turning them in, I get a phone call while I'm at work. Its the Leasing Office lady, she says the credit check went through fine. Only thing was because we didn't have any credit (which we already told her we didn't have any credit) that we would have to pay 300.00 more in security deposit. I thought that was a little odd. She gave me a written quote for 100 dollars. And if I'm not mistaken, I'm only liable for a 10% increase from a written quote to a final price. I don't know if that pertains to lease agreements. But Written or Oral, she need to stick with the quote she gave us. I feel like I've been wronged. I want to know if this dramatic increase is legal or not. thanks for your time and concern.
It was a security deposit. the Rent is 629.00
The Prorated rent for the 21st til then end of the month is 223.19
I don't have a direct receipt for the security Deposit. just the receipt stub for the money order.
Please don't respond rudely.
AliciaLions, Pardon me for not responding in a time frame that was convenient for you. I'm speaking with a lawyer tomorrow about the matter. so you don't have to respond at all anymore, and you can keep your negativity to yourself. I'm sorry that I don't have thousands of answers to my name. maybe next time I have a question I'll glue my computer to my face so I don't miss a thing. thanks for your "helpful advice".
Best Answers: Can a Landlord raise a security deposite after she accepts a Security Deposite of a lesser amount?
Anstey | 6 days ago
She is not selling you anything, so there is no price. Until you have a signed LEASE everything is negotiable. There is no such thing as an oral lease agreement, you do not even have any agreement at all.
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Originally Answered: Landlord is holding security depost. what are my rights?
You should have done a checklist, but if you did not, those pictures will be useful. I would take him to court if you don't agree with him. What is in the lease is legally binding but what is not in the lease means nothing. The laws vary state to state but it sounds like you could have a small claims case. Best of luck to you..it really burns me up to see this happen. I have seen so many cases where a landlord puts no work into a place and then blames each tenant and keeps their cash. BTW, if he waited more than 30 days to contact you about it, he lost any right to keep any of it for any reason. Also, there are specific guidlines defining "normal wear and tear" Look into that stuff specific to your state. Call housing court they will answer your questions. And also, he has to provide you with specific receipts, estimates, etc. he can't just keep it all without detailed explanation.
You must have misunderstood about the deposit. A security deposit would never be only $100. That is a cleaning deposit, or a holding deposit and when you complete the paperwork, the holding deposit would be applied to the actual security deposit. Or, it may be that when she called the corporate office, they told her to get $300 instead of $100. There is no such thing as a "written quote" in renting. Did she give you a receipt for $100 as your security deposit? If not, then it is likely a holding deposit.
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First...what kind of deposit is it? Is it a holding deposit or a security deposit? I really don't know the law regarding changing the amoutn, but did you get a receipt saying your deposit was paid in full? If that was a sedurity deposit it should be equal to what a half months rent is. What is your monthly rent? If its a holding deposit...is it to be applied to the seurity deposit upon approval. Please give more details.
why do people go to the trouble of asking a question and then not checking back and responding to a request for more information?
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You might not need to talk to an attorney about your issue, it might be better just to contact your county's rent board. They control all the rent laws in you county and can actually hold hearings to resolve disputes.
The problem in your case is that it sounds like you haven't actually signed a lease yet. Rather you have a contract for what the deposit should be. Technically, she shouldn't be allowed to increase your deposit unless she disclosed the terms for when it can be raised before hand. Under contract law, you can only be liable for what has been disclosed before hand.
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Originally Answered: My landlord hasn't returned my security deposit?
First...did you make sure she had your forwarding address? You don't need to give it in writing, you just need to be able to truthfully say you gave it to her...
If yes...talk to an attorney. You have a cut and dry wrongful withholding case, and under the statute (SC Code 27-40-410) the landlord is liable for 3 times the withheld amount, and reasonable attorney's fees.
If no, I would tell show her that statute and demand it back. The thing about NOT giving a forwarding address is this...she STILL has to give you back the amount, but you don't get the 3 times or attorney fees.
You don't need a lawyer to represent you here, you just need one to walk you through the process. Overall, it'll be worth chasing.
EVEN IF you destroyed the place, you still have a claim if she has not sent you an itemized list of (valid) deductions.
Landlord-tenant laws always favor the tenant when it comes to a landlord hording a deposit. If I were you, I would take it to court and straighten out this landlord.
But, like I said....talk to an attorney. I am basing this only on what you have told me, and an attorney needs to look over everything in the situation to properly advise you of what to do. Get out the phone book today and do some calling around.