Can it still be considered breaking a lease if you never moved in?

Question

Here’s my situation. I’m a college senior and I sent the first month rent and deposit for me a dorm room. Afterwards, they sent me a letter saying they had no more rooms available. My mother decided to just get her money back after we made other arrangements for me to get to school on the days I have class. They’re supposed to be sending her first month installment back in a few weeks without the deposit. But my question is: is it still considered breaking a lease if I never even got the key and moved in the apartment in the first place.

Answer 1

They sent you a letter saying there is no room, essentially declining your lease application. There is no agreement and therefore you are entitled to a full refund.

If there are no other details (like you waited too long to send final payment) they owe you the deposit, as well.

Answer 2

a lease starts when you sign it. The terms should be very well defined and you should have been given a copy of it.  Since it's a school dorm it may be subject to school policy instead of a lease.

Edit: with your additional info it sounds like its school policy not an actual lease agreement.  Since they messed up you should get your money back or demand they pay for the alternate arrangements you made(they won't, but demand it anyways).  Be very aggressive, you may need a lawyer but they are at fault.  Do not lose the letter they sent you denying your school housing.   Instead of heckling the cashier or whoever is handing out the refund checks, talk to one of the administrators or someone higher up.

Answer 3

osoneandonly,

When I first read the title question my first reaction was:

It's not when you move in but rather when you sign the lease that an agreement is made. If you signed and then later decided not to move in then the other party (the landlord) could say you're 'breaking the lease'.

That's not the case here however. You've given the landlord your first month rent and deposit in good faith with every intention of moving in. The problem is that the landlord has broken the agreement because his letter states 'they had no more rooms available'.

Your consideration in the agreement was your first months rent and deposit (cash) while their consideration was the room. They didn't keep their end of the agreement and therefore you're entitled to all of your consideration (first months rent AND deposit) back.

I'm surprised they're trying to do this. Are you sure you didn't misinterpret their letter? They might be sending the deposit back too or maybe that just slipped their mind. I'd give them a call and talk to them in person requesting the deposit back too. Most people are reasonable and this may have just been a slip of the mind.

Good luck.

Enjoy!

Answer 4

Yes and no - it really depends on if you ever signed the lease, what state your in and what the deposit money you paid was called.

If you signed the lease - then yes - It is still considered breaking it.

If you never signed the lease- then no - it is not considered breaking it but they may still be able to legally keep your deposit.  

If it was called a deposit to hold then you lose your deposit for backing out.

Answer 5

The minute you got the letter saying that no rooms were available, they broke the lease.  It ended at that minute.