 deposit (by misty coonts [MO]) May 20, 2009 3:33 PM
 deposit (by mike [MO]) May 20, 2009 4:13 PM
deposit (by Carolyn [MO]) May 20, 2009 4:25 PM
deposit (by misty coonts [MO]) May 20, 2009 4:38 PM
deposit (by Martin [MO]) May 20, 2009 5:28 PM
deposit (by Dave [MO]) May 20, 2009 5:58 PM
deposit (by misty [MO]) May 20, 2009 6:05 PM
deposit (by Don [MO]) May 20, 2009 6:27 PM
deposit (by K [MN]) May 20, 2009 8:20 PM
deposit (by misty [MO]) May 20, 2009 8:44 PM
deposit (by Martin [MO]) May 21, 2009 3:49 AM
deposit (by misty [MO]) May 21, 2009 10:11 AM
deposit (by John... [MI]) May 21, 2009 12:53 PM
deposit (by misty [MO]) May 21, 2009 3:44 PM
deposit (by Martin [MO]) May 21, 2009 4:07 PM
deposit (by misty [MO]) May 21, 2009 4:18 PM
deposit (by Martin [MO]) May 21, 2009 5:19 PM
deposit (by misty [MO]) May 21, 2009 6:28 PM
deposit (by John... [MI]) May 22, 2009 7:05 AM
deposit (by misty coonts [MO]) Posted on: May 20, 2009 3:33 PM
Message:
State Specific Question About: MISSOURI (MO)
I want to know what the laws are about a landlord returning deposit on a rental property. I was going to move into a place and gave a deposit and one week later my husband lost his job and I called the landlord to let her know I could not move in; the place was not ready to be rented and I was informed that it would not even be started to get ready until 2 days after I called to cancel my move. I never signed anything for this place and think I should get my deposit back since she was unable to rent it anyways due to the place not being ready for others to rent either. --97.87.xxx.xxx |
deposit (by mike [MO]) Posted on: May 20, 2009 4:13 PM
Message:
how would you like it if you placed a reservation for a dinner or a car rental and there was no car or you still had to wait for hours to eat. The LL took the rental off the market and stopped showing and stopped taking applications. You paid a holding fee. See if you can work out a deal, but the LL has a loss that should be compensated by you --69.149.xxx.xxx |
deposit (by Carolyn [MO]) Posted on: May 20, 2009 4:25 PM
Message:
You prospective landlord will need to start all over again seeking a tenant because of your cancellation. Possibly given your circumstances of job loss, she might we willing to compromise some. Maybe you could help find another tenant for her.
When I take a "deposit" in advance, I make it very clear by referring to it as a "holding fee." If the applicant backs out, it is forfeited. If the applicant proceeds and signs the lease, etc. then the "holding fee" is applied toward the deposit. I have a written agreement signed by all parties to make certain the applicant understands this. --64.12.xxx.xxx |
deposit (by misty coonts [MO]) Posted on: May 20, 2009 4:38 PM
Message:
I understand what you what you are saying the place was not ready for rent yet and she was not even going to start fixing it up til the weekend after I called to cancel...she could have not rented it anyways not available she was not advertising it I overheard that it was open by a neighbour....I gave her deposit on 8th and cancelled on 14th more than willing to give her the week of it...she couldnt have rented it anyways but still understand
there was no paper signed or nothing about her even renting it to me...she told me she would give it back today but now not returning calls I just want to know what the law is --97.87.xxx.xxx |
deposit (by Martin [MO]) Posted on: May 20, 2009 5:28 PM
Message:
It does not matter whether or when the place was going to be made ready for you.
Typically, when you put money down to hold a place, and later change your mind, you don't get your money back. --64.151.xx.xxx |
deposit (by Dave [MO]) Posted on: May 20, 2009 5:58 PM
Message:
If it wasen't rentable than why did you give her money to hold it? She took it off market planning on you to move in. --75.39.xxx.xxx |
deposit (by misty [MO]) Posted on: May 20, 2009 6:05 PM
Message:
I gave it to her so she knew that i wanted it....trust me i understand what you are all saying...she told me after i called not to worry about it since it was not ready...she never advertised the property or nothing b/c she normally does not show if it is not ready...I am more than willing to give her the money for the week...even though it was not ready we were not to move in til 22nd...she just had people move out the day before i called her...i am sorry i am not trying to upset people here just asking a simple question...trust me regardless it is worth my childrens life if she does not give it back...found out today that 3 kids have been abducted in this same trailor court and been molested --97.87.xxx.xxx |
deposit (by Don [MO]) Posted on: May 20, 2009 6:27 PM
Message:
Wow, no application completed? Man, another case of not completing paperwork that documents the contractural agreement between the parties.
For you and the landlord, another life lesson.
The landlord should have an application that has language that covers the deposit.
As we get more and more new landlords in the business, more business for the small claims courts. And my experience with the small claims court is the landlord is at a very bad disadvantage!
So, Do get it in writing! from now on. --76.253.xx.xxx |
deposit (by K [MN]) Posted on: May 20, 2009 8:20 PM
Message:
With nothing written down it is your word against the landlords.
Never give anyone money without getting something in writing.
Essentially what you did is give a person money and now you have no proof that you gave them the money. Verbal contracts do not stand up in court.
If you paid by check then might still have a chance. You can try a stop payment on the check at your bank. Since there is no contract the landlord can do nothing about it. Good luck. --24.159.xxx.xx |
deposit (by misty [MO]) Posted on: May 20, 2009 8:44 PM
Message:
I do have a receipt and I do have a cancelled check as well...guess I will keep trying to get her and if not off to court we go --97.87.xxx.xxx |
deposit (by Martin [MO]) Posted on: May 21, 2009 3:49 AM
Message:
If you had a car for sale, and I gave you a deposit and said I wanted it, then a week later, after you told a couple of other people that the car wasn't available any more because I paid a deposit, but then I changed my mind about the car, would you give me my money back? --64.151.xx.xxx |
deposit (by misty [MO]) Posted on: May 21, 2009 10:11 AM
Message:
Martin I understand what you are saying but for one she told me no others have asked about it and it is like this if i had a car that was not working...i never advertised it for sale b/c i had to put a new motor in it and your friend told me that i had a car and u asked about it and came to me and i said as soon as i get it fixed u could have it....and something bad happened to u and you could not get it at the very least i would give you back all except the week that i had your deposit
Now if the car was running I had a for sale sign on it and you came to buy it and I took that sign off b/c you were planning on buying it and told all other inquires that it was sold then NO you would not get it unless there was someone that took it right away....but that was not the case
She never advertises...no one even knew it was open....she did not even have it ready and told me that it would not even be ready for 2 weeks after i asked about it...she even told me that she was only showing it to me b/c of my friend b/c she refuses to show property unless it is ready --97.87.xxx.xxx |
deposit (by John... [MI]) Posted on: May 21, 2009 12:53 PM
Message:
Bah -- I disagree with most of the above. It sounds good in theory, but if the LL doesn't do it right, then he doesn't get to just keep the deposit. We've discussed this here MANY times -- and that is why a HOLDING FEE AGREEMENT is so important.
I don't like to side against LLs, but I also don't like LLs that make the rest of us look bad and don't do things properly.
In this case, with nothing signed, it was a DEPOSIT (unless the receipt says otherwise -- what does it say EXACTLY?). Therefore, she is entitled to get the DEPOSIT back.
That makes some assumptions about MO law, that should be double-checked -- but it would be the case in MY state -- and I think it would be the case in MOST states. Deposits, in most states, are refundable by definition. Therefore, if this was a deposit, it is refundable in most states.
- John...
--64.25.xxx.xxx |
deposit (by misty [MO]) Posted on: May 21, 2009 3:44 PM
Message:
I have the receipt and it states "DEPOSIT" --97.87.xxx.xxx |
deposit (by Martin [MO]) Posted on: May 21, 2009 4:07 PM
Message:
We don't have access to all the documents. The judge will. If I were the LL, you would probably not get that money back, due to some specific language on our application that you would have signed.
I thought the car example would help, but obviously not. It makes NO DIFFERENCE whether the rental in question was movein ready when you saw it, NO DIFFERENCE whether anyone else looked at it, NO DIFFERENCE whether there was a "for sale" sign on it, and NO DIFFERENCE that your financial or job status changed. --64.151.xx.xxx |
deposit (by misty [MO]) Posted on: May 21, 2009 4:18 PM
Message:
ok martin well i didnt mean to get your blood boiling i was just stating my circumstances and i understand if you were my ll i would not get this back b/c your application would specify this
i DIDNOT sign any paper work...and if i did and it said i could not get it back i would understand and if i was told it was a holding fee then that would be my lost....a holding fee and security deposit are two different items....i was just questioning this because she told me i could have it and now she is hiding --97.87.xxx.xxx |
deposit (by Martin [MO]) Posted on: May 21, 2009 5:19 PM
Message:
No worries--no blood boiling :-) I do this for a living. It's not personal. --64.151.xx.xxx |
deposit (by misty [MO]) Posted on: May 21, 2009 6:28 PM
Message:
ok good i didnt want to upset anyone just was asking my rights which i have now found out that she can not hold it b/c there was no paperwork stating that it was to hold it and she aslo stated that she would give it back and since she did not have the property ready and would not be able to rent to others until cleaning and fixes were made i was not keeping her from renting to others --97.87.xxx.xxx |
deposit (by John... [MI]) Posted on: May 22, 2009 7:05 AM
Message:
In my opinion, even if it WAS ready and you WERE keeping her from renting it to others, you'd still be entitled to your deposit back. I think that is wrong from an ethical standpoint -- because it would be your fault -- but from a LEGAL standpoint, I think the LL would lose because they did not collect a HOLDING FEE and did not give anything in writing except a receipt saying "DEPOSIT."
So, in that circumstance, regardless of why you aren't going in -- even if 100% your fault -- I think you'd be legally entitled to that DEPOSIT back. (Unless MO has specific law regarding that which most states do not.)
But, again, as a LL, I'd be angry with you -- and might even want to make you take me to court for it (like you might have to do), but, unfortunately, legal and ethical are not always the same thing.
Since you changed your mind -- how about offer to split the difference with the LL so that neither of you have to go to court? You changed your mind -- they didn't have it ready -- call it a draw and get half back maybe.
- John...
--64.25.xxx.xxx |
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