If I placed a deposit down but have changed my mind about the home am I I titled to a refund. We have not even moved in due to the landlord making repairs.
Hello,Thank you for using JA. .Is there a signed lease for a set term?.
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nothing was signed. he stated he would prepare lease when first months rent was given
Ok, if no signed lease has been executed, but there was a verbal agreement to lease the home and money has exchanged hands, this would be legally considered to be a binding oral month to month lease. A month to month lease can be terminated by either party with a 30 day written notice to terminate. .However, the tenant is obligated to pay the rent during that 30 day period but can't be held liable for any rent after that. So if you immediately terminate the tenancy in writing, the most the landlord could hold you liable for is one month's rent. But if he is able to re-rent it during the 30 day period, he can only charge you for any actual lost rent. The law seeks to put the non-breaching party in the same position they would have been in but for the breach..However, if there was no set move in date, you could argue that no legal contract was ever formed since there was no specific date upon which it would start. Then your deposit would just be considered part of an offer to rent which could be revoked at any time prior to acceptance and the establishment of a set move in date..
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