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LandlordTenantAnswer
LandlordTenantAnswer, Attorney
Category: Landlord-Tenant
Satisfied Customers: 28065
Experience:  Landlord-Tenant Disputes, Leases, Evictions, Foreclosures.
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Six days ago I paid a 535.00 deposit that would be returned

Customer Question

Six days ago I paid a 535.00 deposit that would be returned when I moved out less damage. I was to move in o 12/03/2016 But I am unable to now. I contacted him and he know claims it is non- refundable.
JA: What state is the property located in? And has anyone consulted a local attorney about this?
Customer: South Carolina. I have been looking into small claims court but I need to know the law
JA: What are the terms of the lease? Any issues related to maintenance or upkeep?
Customer: To keep all cleaned
JA: Anything else you want the lawyer to know before I connect you?
Customer: That's all thanks
Submitted: 10 months ago.
Category: Landlord-Tenant
Expert:  LandlordTenantAnswer replied 10 months ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LandlordTenantAnswer replied 10 months ago.

Can you share with me why you do not want to move in now?

Customer: replied 10 months ago.
My wife decided she did not want me to move out
Expert:  LandlordTenantAnswer replied 10 months ago.

Did you sign a lease or was this a verbal agreement?

Customer: replied 10 months ago.
My wife decided she didn't want me to move out. It was a verbal aggrement
Expert:  LandlordTenantAnswer replied 10 months ago.

Thank you. If there was an agreement to rent, month to month, and now you do not want to move in and take possession, the landlord could try and hold the deposit and not return it, for damages suffered. In SC, a 30 day notice would need to be given to end a tenancy. In this case, the landlord can keep the money and impose the damages/lost, for terminating the lease, without the proper notice. Moreover, they can try and argue that they lost another potential tenant, over that 6 day period of time and now have to try and find someone new, prior to the start of the lease. If they CAN find someone or you can bring them someone, then they suffered no damages or loss and you could be entitled to your deposit back, since they would need to mitigate damages.

Expert:  LandlordTenantAnswer replied 10 months 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!