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insearchoftheanswer, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 55596
Experience:  Lawyer; developer/owner of RE developments.
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I signed a lease for an apartment I never moved into do to

Customer Question

I signed a lease for an apartment I never moved into do to the living conditions. The apartment was not clean and ready for me to move into when my lease was suppose to begin,. I never got a copy of the lease nor any receipts for the deposit and pro-rated rent. They told me I can't get my deposit back because of the paper work they did and the fact I am in a contract with them. The property manager never signed the lease because she was not there and I was told when she comes back and I move in I would get a complete package of everything. I am not entitled to my deposit?
Submitted: 8 months ago.
Category: Landlord-Tenant
Expert:  insearchoftheanswer replied 8 months ago.

Hi! My name is Richard & I will be helping you today! It will take me a few minutes to type a response to your question. Thanks for your patience!

Expert:  insearchoftheanswer replied 8 months ago.

Good morning Diana. The property manager does not get to make up the law to suit herself. First, if the contract was never fully signed by both parties, your signing the contract was simply an offer and you have the right to withdraw that offer before you receive the fully executed contract. Second, even if you did have a signed lease, you absolutely have a right to terminate and receive all your money back. You have grounds to rescind or break the lease based on one or more of the following: i) the property was not acceptable; for example, if the property was misrepresented as being something it is not or having something it does not have, you may declare a rescission of the contract; and/or ii) if the property had significant defects or other problems, you may also declare a rescission. Your situation at the very least satisfies the second reason as it was not you a reason to terminate. A valid rescission will terminate your obligations under the contract. You will need to set forth the grounds in a written notice of rescission to the landlord and return the keys as soon as possible. If your money is not refunded voluntarily, file suit against the landlord. Let the landlord know that if you are forced to file this suit, you will be asking not only for the refund of your money, but also punitive damages for withholding what is due you in bad faith. And, that if she files any negative report against you, you will be adding a cause of action for defamation.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars J). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Expert:  insearchoftheanswer replied 8 months ago.

Hi Diana. I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you have a follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.

Expert:  insearchoftheanswer replied 8 months ago.

I wanted to let you know I have returned. Please let me know if you have any follow up questions. Thanks!