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barristerinky
barristerinky, Attorney
Category: Landlord-Tenant
Satisfied Customers: 33803
Experience:  Attorney for over 15 years, landlord 26 years
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I'M 66Y.O. AND THOUGHT IT WOULD BE NECESSARY TO FIND AN

Customer Question

I'M 66Y.O. AND THOUGHT IT WOULD BE NECESSARY TO FIND AN APARTMENT. I SIGNED A LEASE PAID DEPOSIT AND PRORATED RENT AMT. ABOUT $1100. HOWEVER NEVER MOVED IN AND CANCELLED WITHIN 24 HOURS. THEY KEPT MY $1100 , SAID THEY WERE ENTITLED TO THIS. IS THIS TRUE? IT IS A LARGE COMPLEX LOCATED IN DELAWARE OHIO.
Submitted: 16 days ago.
Category: Landlord-Tenant
Expert:  barristerinky replied 16 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Unfortunately, changing your mind wouldn't give you legal grounds to get out of a lease as it is a completely legally binding contract as soon as it is signed. If you were to break the lease by not continuing on with it, then they can legally hold you responsible for the rent until they re-rent. If it took them a month or two to re-rent, then that is all they could charge you for.

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But if they are able to find a tenant to move in before the $1100 is used up, then they would have to refund whatever is left to you.

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So to answer your question directly, there is no law that says you forfeit your deposit if you break the lease, so they are lying to you about that. But they can hold you liable for any lost rent until they re-rent the property and deduct that from any deposit.

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thanks

Barrister

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