16 January 2012, 1:19 pm
I'm in Colorado Springs, CO. If I put down a deposit and pro-rated rent on a property, but never signed a lease, do I have the right to back out of the deal and get all money back? This has to do with renting a duplex. After I found out the occupants on the other side were heavy smokers, I told the landlord I couldn't take the property for medical reasons (extreme cigarette smoke sensitivity for both me and my daughter). The other occupants weren't living there when we first agreed on the property. The landlord initially agreed and asked me to write a statement so he could return my deposit and pro-rated rent. After I did so and returned the keys on the day I was supposed to move in, he became irate and told me I would need to contact an attorney to get my money back. I stopped payment on the pro-rated rent check, but the deposit was paid in cash and I have a signed receipt from him. He also made a verbal agreement with me that he would return everything based upon the circumstances. I just received this answer from a lawyer on All Experts. The key to this question is that there was never a signed lease, and there was never any discussion about how long I would stay in the property. So what agreement was broken? Here's what a lawyer said: Yes you can get all the money back because he is not entitled to keep the deposit (or pro rated rent but since you stopped the check I will not address that) if you never sign a lease. You may have to sue him in small claims court to get it back if he refuses to voluntarily return it. Or have an attorney send a demand letter and see if that is enough to get him to do what he is legally required to do. I just received this answer from a lawyer (verified) on All Experts. The key to this question is that there was never a signed lease, and there was never any discussion about how long I would stay in the property. So what agreement was broken? Here's what a lawyer said: Yes you can get all the money back because he is not entitled to keep the deposit (or pro rated rent but since you stopped the check I will not address that) if you never sign a lease. You may have to sue him in small claims court to get it back if he refuses to voluntarily return it. Or have an attorney send a demand letter and see if that is enough to get him to do what he is legally required to do.... Read More »
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