Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

We wanted to rent a place but we couldn't go in to look at…

Customer Question
We wanted to rent...

We wanted to rent a place but we couldn't go in to look at it until tenants moved out. The landlord asked for deposit and 1st month rent and said if we didn't like it he would return money. House was not what we expected and we are trying to get money back. He said it would take about a month. It took him 2 days to deposit our check. What can I do?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

South Carolina

Lawyer's Assistant: Has any paperwork been filed?

We signed a lease

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No that's about it.

Submitted: 8 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 5 minutes by:
11/20/2017
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago
RealEstateAnswer
Category: Real Estate Law
Satisfied Customers: 32,377
Experience: 10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
Verified

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

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

Good morning. Do you have anything in writing to evidence the refund agreement or was it verbal?

Ask Your Own Real Estate Law Question
Customer reply replied 8 months ago
Verbal
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

Thank you and please allow me a moment

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 months ago

If he claims it will take about a month to refund your money, it is likely a result of him spending it and not having it, if he deposited the check and you saw it cleared. The refund should take no more then a few days and you can make a written demand to him, to return the money sooner. He can not keep money when there was no agreement to rent and it is illegal to take and use the money and not refund it, if you did not take possession. In a situation like this, you can wait the month and see if it is returned but if not, go to the police and file a report and sue him in small claims court, for its return, if the police say this is a civil matter, not criminal.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: RealEstateAnswer, Lawyer replied 8 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!

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,111
12,111 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Barrister

Barrister

Lawyer

12,111 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,255 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,104 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,540 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
We are a landlord in MA. Our broker rented the house out
We are a landlord in MA. Our broker rented the house out about 6 times over the last 12 years, always acting ethically and providing a wonderful professional service. 2) Each time the new prospective … read more
Lucy
Lucy
Juris Doctor
130 satisfied customers
I have signed a lease home in riverview florida. However
I have signed a lease for a home in riverview florida. However things have changed and we are going to need to stay in Tennessee for another year because of work. I have not taken possession of the ho… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
32,377 satisfied customers
My son gave a lady $600.00 (the monthly rent) as a deposit
My son gave a lady $600.00 (the monthly rent) as a deposit for a house that he wanted to rent with a room mate. The room mate backed out and he can't afford it by himself so he called the person and t… read more
socrateaser
socrateaser
1,452 satisfied customers
My boyfriend and I signed a 1 year lease on a home effective
My boyfriend and I signed a 1 year lease on a home effective Sept 1, 2011. The rent became too difficult to pay so we contacted the owner and asked if we could be released from our lease if we found r… read more
RealEstateAnswer
RealEstateAnswer
Lawyer
32,377 satisfied customers
I am an employer in South Carolina. If we terminate an employee
I am an employer in South Carolina. If we terminate an employee who has a leased house, can that employee break his lease to move back to Florida? If he does, is he required to pay out a minimum numbe… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
We signed a lease today for a rental home. Before we left
We signed a lease today for a rental home. Before we left the home we asked the owner when they would take down the for sale sign and they said they were leaving it on the market. Prior to signing the… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,935 satisfied customers
Hi...if a lease agreement was through Sept 31, 2010 and the
Hi...if a lease agreement was through Sept 31, 2010 and the tenant paid his agreed upon rental payment of $1100 on the 1st of Sept...that is fine...the tenant moved prior to sept 1st however, and stil… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
2 months prior to the completion of a one year lease contract,
2 months prior to the completion of a one year lease contract, my tenant emails to request an extension of their l yr contract. I respond with approval. Then 1 month prior to the completion of their l… read more
C.Fortunato
C.Fortunato
J.D.
26 satisfied customers
I rented a duplex on January 1st and signed a one year lease.
I rented a duplex on January 1st and signed a one year lease. Two months,my old neighbors moved out and a new tenant moved in with two kids. Instead of using the garage next to my side my house to par… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
I leased a house 2 years ago....its an old house and it was
I leased a house 2 years ago....its an old house and it was a. rush to sign the lease and move in...no initial walkthrough was done. This march I gave 60 days notice of my leaving.....at the beginning… read more
David L
David L
Doctoral Degree
1,604 satisfied customers
In late April myself, my fiance and best friend agreed to place
In late April myself, my fiance and best friend agreed to place a deposit on a rental home in Ventura, CA. We gave the landlord $2000 security deposit for which we recieved a receipt yet documents re:… read more
J.Hazelbaker
J.Hazelbaker
Doctoral Degree
4,367 satisfied customers
I backed out of a Rental agreement 2 days before it was supposed
I backed out of a Rental agreement 2 days before it was supposed to start. My question is can the landlord keep any of my first months rent and my deposit? We never moved into the house and the only t… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
I am following up to a landlord-tenant question I asked a couple
I am following up to a landlord-tenant question I asked a couple of days ago. I entered a rental agreement with a prospective tenant, with that person due to move in May 1st. The contract is month to … read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,111 satisfied customers
Our tenant refused to sign a new lease with us ( we are new
Our tenant refused to sign a new lease with us ( we are new owners of the house since December 4 2009. We sent her a letter with the 2nd request move out before January 31. She gave us 4 days notice t… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
What is the name of your state (only U.S. law)? South Carolina My
What is the name of your state (only U.S. law)? South Carolina My husband and I signed a 1 year lease for a townhouse in South Carolina, as we were moving here from Arizona. We were hoping to move int… read more
LawNinvest
LawNinvest
Attorney & Certified Mediator
Juris Doctorate
2 satisfied customers
On July 1st I signed a lease agreement, my husband signed it
On July 1st I signed a lease agreement, my husband signed it on the 4th. We changed our mind and cancelled the transaction as of the 8th. We gave a deposit of $1253.00 - for prorated rent for june, pe… read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,595 satisfied customers
My tenant gave us a weeks notice that she is leaving and said
My tenant gave us a weeks notice that she is leaving and said she will only pay half the rent owing. That was a week ago we have recieved no money, no keys I do not know if she has got all her belongi… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 satisfied customers
I gave a $500 deposit to a landlord who was renting to me knowing
I gave a $500 deposit to a landlord who was renting to me knowing I had a dog. I asked if he wanted to meet my dog before giving him my deposti, he said that wouldn't be necessary. The apartment wasn'… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,255 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