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I live in portland, OR. I was supposed to move into a place…

Customer Question
Hi, I live in...

Hi, I live in portland, OR. I was supposed to move into a place 6/1/18 but have decided against. now they've refused to return any of my security deposit. (I never moved in, mind you) and the contract clearly states it as a security deposit. NOT a holding deposit. what can I do about this?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No, I emailed the agent I was working with and she clearly stated, in her words, "none, I get nothing back"

Lawyer's Assistant: Where is the property located?

NW Everett st. portland, OR, the chardonnay apts

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

Fox management co.

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 2 minutes by:
5/30/2018
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 43,083
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply as I am an actual practicing attorney, not an employee of JustAnswer.

.

Did you sign a lease agreeing to rent the place?

.

.

thanks

Barrister

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Customer reply replied 2 months ago
i'm sorry, I don't want to pay for a phone call if that's okay
Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

No worries, just a minute..

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Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Ok, when you sign the lease you are legally binding yourself for the duration of the term of the lease... So you can't legally change your mind without repercussions.

.

If you break the lease, then the landlord can hold you liable for any lost rent until they re-rent. So if it takes them a month to re-rent, then they can charge you for that month..

.

So if you are going to break the lease, you need to do so in writing, sent certified mail, so you have proof. That will then trigger the landlord's duty to mitigate his damages and try to re-rent. If they can re-rent quickly, then you would be entitled to a refund of some portion of the money you paid...

.

.

thanks

Barrister

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Real Estate Lawyer: Barrister, Lawyer replied 2 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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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.

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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).

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