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I'm sorry to hear about your situation.
Just to be clear, you signed an "agreement to rent" but you did not sign the "lease contract"? What specifically did the agreement to rent say?
(the one that you signed, that si)
Does the good faith form say anything about the deposit / forfeiture of the deposit? And do you have any evidence regarding their agreement to fix the things that were to be repaired first?
Is there any contingency in the good faith contract that would have to be met before you sign? That is, why sign a good faith agreement in the first place (rather than just the lease)?
Did you see my follow up question to your issue?
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Why did you sign the good faith agreement?
What was the point of signing that before signing a lease?
Typically only a lease is signed, so often there is a contingency (something that has to be done before you do something), and that contingency is specifically mentioned in the good faith contract...
So the cleaning provision is in writing? I thought you said it was verbal?
But to be clear, there was nothing that they had to do in the good faith agreement?
(in writing, that is)
Typically "good faith" forms are just that..."Good faith" agreements, that are not leases but rather a good faith promise to sign a lease in the future (typically contingent upon something being done). It requires "good faith" on your part as well as the management company (hence the name). If there was an express contingency prior to your signing the contract, that was not met, then you don't have to fulfill your side of the contract. Now if the contingencies were met, and you still didn't sign, then that would be a situation where it would be forfeited.
Now where an oral agreement does not conflict with a written one, that can be brought in as well.
If the signing of the lease was expressly contingent upon the cleaning up and other issues that did not happen, then they would still be in breach, not you.
As such, the forfeiture of the deposit would not be activated (which would require your breach to happen).
And if that's the case, then you could sue for the deposit if they did not return it to you.
again, the good-faith agreement is not a lease, merely an agreement that the parties will in good faith negotiate towards a lease.
No, it is a binding contract, but they have breached it by not completing the agreed upon repairs and cleanup.
And when they breach, your obligations are waived.
As such, you can sue them for the return of the deposit (if they don't give it to you otherwise).
Absolutely. Oral contracts are binding, and can even be incorporated into written agreements if they don't conflict with written clauses.
Send a demand letter demanding payment within 30 days, otherwise you will pursue legal action against him, seeking that amount plus any additional damages as allowed by law. Send this letter certified, return receipt requested, as well as a copy sent regular mail. Keep a copy for yourself, as well as the return receipt number so that you can show the court that you made a demand for the unpaid deposit. If they still don't give it to you, do a search on the web for your county and "small claims court." You should find either a website or phone number to the small claims clerk. Ask them what you need to do to bring such a lawsuit. The small claims clerk will give you guidance on how to file this suit and how to get the other party served with notice. You will receive a hearing date, at which you should present your evidence and ask for a judgment for the amount that you paid.
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