security deposit
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security deposit (by kirk [SC]) Jul 10, 2016 2:39 AM
       security deposit (by Kinzi [PA]) Jul 10, 2016 3:47 AM
       security deposit (by plenty [MO]) Jul 10, 2016 4:20 AM
       security deposit (by elliot [RI]) Jul 10, 2016 4:58 AM
       security deposit (by RB [MI]) Jul 10, 2016 5:01 AM
       security deposit (by WMH [NC]) Jul 10, 2016 5:38 AM
       security deposit (by Mike45 [NV]) Jul 11, 2016 6:24 PM


security deposit (by kirk [SC]) Posted on: Jul 10, 2016 2:39 AM
Message:

State Specific Question About: SOUTH CAROLINA (SC)

Had a renter give me a security deposit to hold the house until Aug 1 received check on 7/2 on 7/9 he calls and has to back out because of logistical problem, no signed lease. Legally do I have to give him back his security deposit. I wasnt going to keep the whole amount but there where other qualified applicants and he called me three times wanting the house. I have had to relist the house and there is no guarantee that I can do that by Aug 1. Any guidance would be appreciated. Thanks --71.76.xx.xxx




security deposit (by Kinzi [PA]) Posted on: Jul 10, 2016 3:47 AM
Message:

Did you mention to the potential renter that it is non-refundable before accepted the check? Or on the receipt mention non-renfundable some where. If you do you can keep the whole thing. --172.56.xx.xxx




security deposit (by plenty [MO]) Posted on: Jul 10, 2016 4:20 AM
Message:

Just return the deposit, it's the right thing to do, next time get a holding fee that transfers to the deposit when the tenant signs lease and moves in.Your lelesson, yes, deposits are refundable, --66.87.xx.xxx




security deposit (by elliot [RI]) Posted on: Jul 10, 2016 4:58 AM
Message:

Been there, done that (being threatened to lawsuit by renter's uncle lawyer, real lawyer).

Change that deposit to "non-refundable holding fee" for all future business --173.48.xx.xxx




security deposit (by RB [MI]) Posted on: Jul 10, 2016 5:01 AM
Message:

Another good reason to have a back-up Applicant. --24.180.xxx.x




security deposit (by WMH [NC]) Posted on: Jul 10, 2016 5:38 AM
Message:

You have 30(?) days to return. Verbal leases are binding in NC, I don't know about SC. The exchange of money indicates an agreement.

If you cannot get a tenant by August 1 (do your due diligence!) then you can apply his deposit to cover that missed rent.

He could still sue you to try to get it back. That's when documenting the acceptance of money, the showings, phone calls agreeing to occupy will come in handy.

That said, you will probably find a renter within the 30 days and the issue goes away. --173.22.xx.xx




security deposit (by Mike45 [NV]) Posted on: Jul 11, 2016 6:24 PM
Message:

The question is not if verbal agreements are valid. The question is proving exactly what the oral agreement was.

You yourself have called the money a Security Deposit. You did not call it a "Non-Refundable Holding Fee." So in my court, you would lose, because Security Deposits are refundable!

--76.3.xxx.xxx





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