Chicago, IL asked in Landlord - Tenant for Idaho

Q: I found a house for rent in Idaho for 2000.00. We agreed on Facebook Messenger to rent the place.

Sent 1000.00 3 weeks ago to hold property until they landlord returned to Idaho in April to sign lease. Last night they texted and said they have since received offers for 2500 and would only rent if we agree to the extra 500. Is this legal?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: The situation you're describing involves a verbal agreement which, while informal, can be recognized as binding in many jurisdictions. However, the enforceability of such agreements can depend on the specifics of local laws and the evidence available to support the terms agreed upon. In this case, the agreement to rent the property at the initial price, accompanied by a payment intended to hold the property, suggests that both parties intended to enter into a contract.

If the landlord is now seeking to change the agreed-upon rental price after receiving a holding deposit, it may be considered a breach of your initial agreement. The legality of this action can vary; some areas have specific regulations that protect tenants from such practices, especially after a financial commitment has been made. It's important to review any written communications, like those exchanged over Facebook Messenger, as they may serve as evidence of your agreement.

To address this situation, you might consider reaching out to the landlord to remind them of the initial agreement and the payment you've already made. If this doesn't resolve the issue, seeking advice from a legal professional familiar with tenant rights in your area would be a prudent next step. They can offer guidance on how to proceed, potentially including mediation or legal action to enforce the original agreement or recover your deposit.

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