He now wants to rent somewhere else and they won’t give his money back. What can he do? 5 Answers as of February 24, 2013

My son wanted to rent an apartment and gave them rent plus half the Deposit three days ago. He never moved in.

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Law Offices of Mark West
Law Offices of Mark West | Mark West
Did your son sign a lease? If he did, that is a contract that he is to rent for the time period of the lease. If he wants to break that contract, he might be able to, but would be responsible for rent for a reasonable time that it would take the landlord to resent the apartment after he promised to rent it.
Answer Applies to: California
Replied: 2/24/2013
Ken Love Law | Kenneth Love
Unfortunately, this is the purpose of the deposit. If you pay a deposit and change your mind, you lose the deposit. In fact, if he signed a lease, he may be liable for rent until they are able to re-rent the home.
Answer Applies to: North Carolina
Replied: 2/24/2013
S. Joseph Schramm | Joseph Schramm
Whether your son is entitled to receive a refund on his rent and security deposit depends upon the terms of the lease agreement. If he and the landlord had committed themselves to a contractual relationship, the landlord might feel that your son breached his contract. If your son doesn't receive any funds the best thing to do would be for him to file a complaint with the local district justice to let him or her decide the merits of the claim. If he seeks a refund of the security deposit as well he should ask for twice when he files his complaint.
Answer Applies to: Pennsylvania
Replied: 2/21/2013
Reger Rizzo & Darnall LLP | Kathleen DeLacy
If he signed a lease he may have a problem.
Answer Applies to: Delaware
Replied: 2/21/2013
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
But he signed the lease and told them he would lease the apartment. They took it off the market. No the landlord has to look for another tenant and maybe lose a month or two of rent. If the landlord can't rent the apartment for another 4 or 5 months, your son got off lucky.
Answer Applies to: Idaho
Replied: 2/21/2013
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