Q: I paid a security deposit for an apartment. I have not yet signed a lease. Can I get my deposit back if I don't move in?
Basically I'm wanting to know if I'm able to get my deposit back? I'm not able to move in now b/c of issues with the school district and my son's medical issues.
A: Yes. You should be able to get your deposit back. You did not sign the lease so it is not enforceable. A verbal lease agreement should only be enforceable once possession is taken. Did you sign anything when you paid the deposit. Was the deposit to act as a hold. Th e landlord will likely argue that the deposit was earned when he removed teh property from the Market. If you did not sign anything you should get your deposit back. If not take him to small claims court.
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