Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

Landlord-Tenant

Ws have a security deposit room mate situation signed aN

Customer Question
Ws have a security deposit...
Ws have a security deposit for a room mate situation signed aN agreement, but then the guy asked us to get him a loan in lieu if 3 months rent telling us he gave all his money to his girlfriend. He never sent us a copy of the signed lease. We declined to move in after that and being told his dog is trained to attack and might bite our dog. He is now threatening us sayin he is suing us for 6 months rent due to him declining other applicants. We had declined him twice and he kept calling us back before making deals. Can he keep a security deposit and hold us to 6 months rent when we never moved in?
Submitted: 2 years ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
That should say we paid a security deposit and signed a room mate agreement.
Answered in 3 hours by:
8/29/2015
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago
LandlordTenantAnswer
Category: Landlord-Tenant
Satisfied Customers: 28,713
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
Verified

Good morning. No, he can not. The reason why I say this is because the terms and conditions of the rental agreement are going to control. Unless it was previously agreed upon that you would secure him this loan, in lieu of the 3 months rent, you would have NO obligation to do so and you would only be required to pay the monthly rent, as agreed. What happened with him and his girlfriend is of no concern to you. If he refused to allow you to take occupancy because of this, then he would need to refund your security deposit or else you could sue him. Moreover, if he had a dog and you were bringing one in, he needed to disclose if it had any violent tendency or behaviors. Ha you just decided to just not move in, then he could impose a claim for the deposit and go after you for additional damages but it sounds as though that is not the case and he imposed additional terms and failed to disclose certain things, after the fact.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Hw didn't tell us we can't move in I'd we don't get him the loan. He just told us after we signed the lease that he had his car repossesed and asked us to get him the loan in lieu of 2 months rent. Does him asking us for the loan that way still count as trying to change the terms of the agreement?
Customer reply replied 2 years ago
We declined to move in after he asked us for the loan.
Customer reply replied 2 years ago
He also wrote our room mate name in rather then waiting to get him to sign it as my room mate was on an interview.Don't all adults moving in have to sign the room mate agreement. He called it a room mate agreement telling us that it would protect us better.
Customer reply replied 2 years ago
he gave us an unsigned copy of the room mate agreement promising to give us the signed copy on the 25th of September, but he never gave us a copy of the signed agreement as he had in writing listed on right on the agreement.
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

Thank you for the reply. Him asking you for the loan, would not be a legal basis to not take possession. Had he said he will not allow you to move in or accept your rent unless you gave him the loan, then it would be a different story. However, if you never tried to give him the rent and take possession and decided you did not want to live there once he asked for the loan, that would be a breach on your end, since the two things are unrelated. As far as adding someone to the lease, they need to agree to it and sign it, if they are to be liable. If their name was added as an occupant but never agreed to be liable, that would not be an issue. He could just not sue them.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
There was this whole slew of things such as him pressuring us for the security deposit 2 weeks before telling me he needed it to fix the roof leak, get a mold check and replace the wall panelin that we saw buckled. Once we told him he could not use our SD to repair the past tenants damage he then said he was going to use our first month's rent to do it, but we can't move in until it was done. He was changing his story and arguing about everything and called me ignorant once. We declined twice before signing the agreement And he kept calling us apologising and I know most of this doesn't matter to the law, but we did block him and he keeps getting through our blocks. He didn't disclose before hand his dog was aggressive. After the we signed the agreement we learned our elderly dog has cancer and at his last appt they found more. We tried to tell him with intestinal cancer Rebel can no longer be on a yard schedule as he can't hold his potty. We told him since he told us his dog would attack we did not feel safe. He simply responded he would sue us? Isn't the fact that his dog is aggressive which he admitted after the fact and my dog has incurable cancer make a hardship and impossible situation to live in which we can get out the agreement and get our security deposit back? He kept telling us he had someone else and we even before signing told him to take the single guy. He said no, because he wanted people like family who would have his back. So if he declined them can he say he is charging us due to him losing other applicants? I think he scammed us. And I know he never had the place inspected or tested for mold. I'm also positive he doesn't report the incomd. I think he is a con artist. He said now he will hold us to one month take the security deposit of 350.00 and we must pay him the 200.00 that adds up to 550.00 in 5 days or he will sue us and charge us for his court costs and lost wages. Also we never took possession of the place, he never gave us a key. The room mate agreement does not say anything about never moving in. It also says the security deposit is for damages to the place and will be refunded after a walk through when we move out. Will that give us our security deposit back? Or can we demand a walk through?
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

The issue with his dog being aggressive and him not disclosing that when he knew you had a dog who would be living there as well, could provide you with a possible defense. However, that would have needed to be the basis for you not taking possession once you found out about that, not the issue with him asking for the loan, which is not relevant. Typically, the landlord needs to make a good faith effort to find a new tenant, after the breach. They can recover for the amount of time which the rental remains vacant, plus any other costs in doing so. If he has your deposit, he likely can apply that to the damages suffered and then it would be at his discretion to go after you for any balance. You have every legal right to contest this and let a Judge decide but if you lose, you may have to pay for the time the rental remains vacant, which could be more then the $550 which he seeks. If you think he may actually sue you, then you can propose he just keep the deposit and both sides walk away. Not sure where he gets the $200 from but it may be made up.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
In my decline letter we put both the loan request and the dog being aggressive as reasons. He is saying to cover one month rent he would keep the 350.00 SD we paid and wants an additional 200.00 paid to him in 5 days or he will sue us for unpaid rent, his court costs and lost wages.
Customer reply replied 2 years ago
isn't he legally supposed to give us a signed copy of the agreement?
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

Lost wages he can not recover for and is unrelated to this. He could recover court costs and unpaid rent, if he prevails. Not providing you with a signed copy of the lease is not a legal defense to get out of it. I think your strongest argument is going to be the issue with the dog, it being aggressive and you not wanting you dog to be around it, since it could be attacked or harmed. Had he disclosed this prior to, you would not have signed the lease.

Ask Your Own Landlord-Tenant Question
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Ohhhhh my husband just reminded me he told us the day of signing the agreement after signing the agreement he said if we change our mind he would give us our security deposit back. I wish the laws protected us more, because there are many ways to scam people and get away with it. If remember right he can't rent the place without having it inspected in My part of MD so I'm calling them too!
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

If he said that to you and you can evidence it, then it could give you grounds to recover it. Typically, a signed lease agreement says that only what is stated in the lease will control but if he said this to get you to sign and you relied on it, it may give you a basis to recover it. Please let me know if there is anything else, as I would be happy to respond. If not, please remember to rate my help at this time at the top of this page, prior to leaving, so I can receive the proper credit, for our time together. Thank you.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
I realize the aggressive dog is my best argument, but Im curious because the agreement does not address what happens if we don't move in, only that the security deposit shall be returned if the place has no damage, in good standing at move out. How does the law handle when nothing is in there about keeping deposit for not moving in?
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

Typically, a deposit is used for 1) damages and 2) any unpaid rent. The lease should have a damages clause but if it does not, he is likely to claim that since you failed to move in and are in breach of the lease and did not pay rent, he can impose a claim to the deposit.

Ask Your Own Landlord-Tenant Question
Customer reply replied 2 years ago
Ok
Lawyer: LandlordTenantAnswer, Attorney replied 2 years ago

Please let me know if there is anything else, as I will be signing off shortly. If not, please just rate my help at the top, so the site will give me credit for out time together. Thank you again.

Ask Your Own Landlord-Tenant Question
Ask LandlordTenantAnswer Your Own Question
LandlordTenantAnswer
LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28,713
28,713 Satisfied Customers
Experience: Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.

LandlordTenantAnswer is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

3,830 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,075 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,272 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
Im 2 weeks late on my rent and i received a letter today
Im 2 weeks late on my rent and i received a letter today saying i need to pay my balance plus an additional $500 for legal fees. I usually pay late however Im never behind other than the couple weeks … read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
I need to know if I am able to see what CAM prices that my
HelloI need to know if I am able to see what CAM prices that my landlord is charging to other tenants in the past 5 years. I think he adjusted my rate because he doesn't like me. Is he allowed to do t… read more
Attyadvisor
Attyadvisor
Doctoral Degree
6,881 satisfied customers
What is the cost to ask a question? I am a tenant.
What is the cost to ask a question? I am a tenant. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I have a question a family member is a renter in a house
Ok I have a question a family member is a renter in a house that is in foreclosure that is owned by individual “A” but has givin the house title to individual “B”. Individual “B” never went to the cou… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
My question is the following... The 31 of october perform a
Greetings. My question is the following... The 31 of october perform a lease in apartment for 12 months in Las Colinas Irving Texas.I need to cancel it because i got divorced and I go to Italy in Janu… read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I need to evict a resident the homeowner [landlord] wants
I need to evict a resident the homeowner [landlord] wants him out in 10 days. I'm as bright as a box of rocks and ***** ***** Landlord thinks I,m dragging my feet... hes incapable. 69 yrs old how do I… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
5,921 satisfied customers
I am renting the second floor of a two family home in New
I am renting the second floor of a two family home in New Jersey. Today I asked my landlord about renewing the lease and he said we need to discuss an increase. The lease has no mention whatsoever of … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
I live in a 4-plex in a 1 bedroom unit.been living here for
I live in a 4-plex in a 1 bedroom unit.been living here for over a 11/2 years rent free.The unit is owned by my ex girlfriend and her sister and their mother. For seven years even up until now I've ha… read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
28,713 satisfied customers
This question concerns CA Tenant Law. Am I speaking to an
I have received a "LEASE VIOLATION" notice for garage storage and I would like to know what options if any, I may have if any. … read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
Man complained continuously about cockroach infestation at
Man complained continuously about cockroach infestation at apartment complex. Management had his apt sprayed but did not seem to help. Management blamed problem on former neighbor (moved away). Now ma… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
3,830 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Second opinion] Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
17,979 satisfied customers
As landlord is there a maximum limit to respect to repair a
Hi. As landlord is there a maximum limit to respect to repair a hot water issue is there a legal limit? If not what is considered within reason? … read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
Upon signing the lease agreement, tenant and landlord are
Upon signing the lease agreement, tenant and landlord are suppose to have copies of every paperwork, correct? What if there was some paperwork I don't ever remember signing and I know I never received… read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
28,713 satisfied customers
Trying to understand my options for getting my deposit back
trying to understand my options for getting my deposit back from a landlord … read more
LandlordTenantAnswer
LandlordTenantAnswer
Attorney
28,713 satisfied customers
What's the definition of subletting in Berkeley, CA? A
What's the definition of subletting in Berkeley, CA? A family member of mine has moved in and does not pay rent. My landlord is asking to raise rent by 7% after we just had our rent raised by 3% a few… read more
Infolawyer
Infolawyer
Attorney
Doctoral Degree
2,075 satisfied customers
I rent in sr ..housing. Was inspected yesterday. Inspector
I rent in sr ..housing. Was inspected yesterday. Inspector went into my closet and would have gone in my personal freezer. Was she allowed to do this? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have been late paying my rent for several months. My
I have been late paying my rent for several months. My mother became ill and past away. I had medical bills and funeral to pay for. My landlord has threatened me with eviction and has said that the pa… read more
LegalGems
LegalGems
Juris Doctorate
10,176 satisfied customers
I hired a lawyer to represent me during my eviction and he
I hired a lawyer to represent me during my eviction and he didn't file my evidence I gave him during Discovery. He then quit and was dismissed as my lawyer 4 days before my trial even though I had alr… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,683 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x