Holding deposit debacle, any legal advice?

[suprarx7nut]

Perhaps I missed something, and regardless you should try to get your money back, however, the key point I highlighted on bold above is that you both have agreed to the terms and now you guys are backing out.

If it is the case, you loose your deposit. I could be 100% wrong, but just telling you what I know.

I have two apartments that I rent and in my 4 years of renting out to people I've signed a few leases and in any case is always clear, if you back out, you loose your deposit.

Wish you luck!

Miguel.

Thanks Miguel!

Ya, I partially agree.

The problem is that no lease was ever signed, or even drawn up/printed.

If a normal holding deposit form or some form of legally binding document was ever written and/or signed, I feel this would be different.

But all that happened was she scribbled a "receipt" on the back of a piece of used paper with crossed out numbers, no dates, no printed names, no terms regarding "backing out" and a few undated signatures.

No deposit form was completed, no terms were explained, no dates were defined and no final lease was ever created or prepared, let alone signed.

At this point my fellow roommates and myself realize we were fools for being so trusting and assuming, but we're not letting her steal our money unless she has done so in a perfectly legal manner.

We sent an email suggesting "community mediation" and if she refuses that then we let her know we will be pursuing the issue in small claims court for the full $1500.

She has taken more time to respond to this email than any before. Maybe she's finally thinking this all over... I bet she's seeking legal advice of her own.

:crossing fingers: I hope this case of "live and learn" is just a scare and not a significant financial hardship.

-Andy

 

[Poodles]

She's either ignoring you or trying to get her ducks in a row. The faster you act, the better...

 

[suprarx7nut]

She's either ignoring you or trying to get her ducks in a row. The faster you act, the better...

I think if she does not respond by tomorrow, we will ask mediation services to contact her and if that doesn't work immediately, we'll file for a court date.

 

[savannahashlee]

3 words... Pre-Paid Legal... have them write her a love letter..

 

[JASONA70]

Make sure you don't sounds to threatening when you email her about taking her to court. She can hold that against you in the court room and possibly turn the tables. good luck on getting your $$$$$$$$$ back if she doesn't respond within a week(5) I suggest you file a court case immediately.

 

[Keros]

Serving a warning from a lawyer may be enough to make her cough up the $1500 to avoid the BS of going to court.

Otherwise I'd go all the way just on principle.

 

[Justin]

Serving a warning from a lawyer may be enough to make her cough up the $1500 to avoid the BS of going to court.

Otherwise I'd go all the way just on principle.

Filing for small claims court costs approx 40 dollars. Not 1500.

She'll be served by your choice of courier or the sherrifs dept. You'll be given a mediation date, then a court date. If you don't work it out in mediation you go to court. If you do work it out, you don't go.


File against her, its cheap and painless.

 

[suprarx7nut]

Well we had our court date today. We fucking lost. I'm so livid, we all are.

The judge didn't give a rat's ass that the "receipt" wasn't initialed or that it had scribbled/crossed out info on it. At no point did he address whether it was a legally binding contract or not!

All it came down to was that it said "nonrefundable" and that she didn't get replacement tenants until after we were going to start renting.

The bitch didn't even know when her lease began with the NEW TENANTS! The judge asked what day and she said she didn't know, but she thought it was August 1st or 2nd. The judge just took her fucking word for it and believed her!!! She conveniently did not have the new lease with her. In one email from her to us she stated if it was rented out by Aug 1st she would return our deposit.

God dammit I'm pissed...

It didn't feel like court, but rather an organized argument/debate. FUCK MY LIFE.

Our only chance now is to appeal and try to get an exact time of move in from the new tenants. If it was before the 1st, she said she would return it. If it was after, then were fucked.

Fuck, fuck, fuck.

 

[Mondo]

Well we had our court date today. We fucking lost. I'm so livid, we all are.

The judge didn't give a rat's ass that the "receipt" wasn't initialed or that it had scribbled/crossed out info on it. At no point did he address whether it was a legally binding contract or not!

All it came down to was that it said "nonrefundable" and that she didn't get replacement tenants until after we were going to start renting.

The bitch didn't even know when her lease began with the NEW TENANTS! The judge asked what day and she said she didn't know, but she thought it was August 1st or 2nd. The judge just took her fucking word for it and believed her!!! She conveniently did not have the new lease with her. In one email from her to us she stated if it was rented out by Aug 1st she would return our deposit.

God dammit I'm pissed...

It didn't feel like court, but rather an organized argument/debate. FUCK MY LIFE.

Our only chance now is to appeal and try to get an exact time of move in from the new tenants. If it was before the 1st, she said she would return it. If it was after, then were fucked.

Fuck, fuck, fuck.

Welcome to the American Judicial System.

I got screwed way back. Put 300 down on a car. Nothing signed, went to pick it up and he already sold it and refused to give me my money back.

Lesson Learned, Don't trust ANYONE, especially if money is to be made.

Get everything in writing in clear precise english. Sign an Date everything.

GL on the Appeal.

 

[Clint]

Welcome to the American Judicial System.

I got screwed way back. Put 300 down on a car. Nothing signed, went to pick it up and he already sold it and refused to give me my money back.

Lesson Learned, Don't trust ANYONE, especially if money is to be made.

Get everything in writing in clear precise english. Sign an Date everything.

GL on the Appeal.

x2

Like I said in post #3 it seemed you guys where SOL, You always half to have things in writing, you just cant use word of mouth it doesnt hold water in court.

Good luck with the appeal maybe the judge will see the truth the next go around.

 

[Poodles]

Appeal definately, and if that judge is an elected official, VOTE AGAINST.

 

[suprarx7nut]

Welcome to the American Judicial System.

I got screwed way back. Put 300 down on a car. Nothing signed, went to pick it up and he already sold it and refused to give me my money back.

Lesson Learned, Don't trust ANYONE, especially if money is to be made.

Get everything in writing in clear precise english. Sign an Date everything.

GL on the Appeal.

x2

Like I said in post #3 it seemed you guys where SOL, You always half to have things in writing, you just cant use word of mouth it doesnt hold water in court.

Good luck with the appeal maybe the judge will see the truth the next go around.

Thanks for the good wishes guys. We've definitely learned our lessons when it comes to having everything in writing and/or recorded. With our new place, we made sure no money was exchanged until a full, written lease was signed.