LAND LORD WON'T GIVE DEPOSiT BACk.?

Question

I live in Michigan and I had been looking around for apartments. I finally found one that was above the landlord's house. I liked it a lot and I like the fact that she accepted cats. She needed money to hold the apartment so I gave her $200 that day. She wanted $500 for the first month's rent and then another $500 for a deposit.. But what she said she would do with the deposit is give me my 2nd months rent free. I asked if there was going to be some sort of lease or anything and she told me no, we would do things on a month to month basis and if I decided to move out just let her know a couple days in advance. We verbally agreed that I would be moving in August 15 and she was fine with that. The lady gave me a call a couple weeks later asking if I had anymore money bc she was going out of town and wanted it. I gave her $300 more. Aug 15th came around and I went to move my stuff in but found an envelope taped to my door. The lady made up a leased and told me to sign it and give her the rest of her $. The lease was ridiculous. It stated that the landlord had persmission to come and inspect the apartment at any time without notice, and that my rent was due on the first of every month. Also, it was stating that my $500 deposit would be given back to me AFTER I moved out. It was nothing close to what we agreed on. So I left the lease and didn't move in. I gave her a call asking if we could change some stuff about the lease and she refused. I then told her I'd like my $500 bc I'm not moving in now. She refuses to give my money back!

Would the judgement go in my favor if I took her to court?

Answer 1

-The landlord does have the right to enter your apartment at anytime as long as he/she has given you a notice beforehand.

-Rent IS typically due on the first of every month

-The Damage Deposit is never given back until you are moved out. Its a safety precaution that the landlord makes incase there are to be any damages or whatnot. He/She cant give it back to you in case you high tail it out of there before he/she inspects the apartment.

My guess is that she wasnt applying standard rental rules to you upon applying for the apartment. I too have a month to month payments with my Lanlord but all the things mentioned above still apply. She obviously didnt know what she was doing. And because all you have is verbal remarks and no physical proof there isnt much that can be done about it. Next time, before making ANY agreements with anyone make sure they state what is being mentioned on a piece of paper and signed by them. That way when and if a situation like this occurs you can take her *** to court.

Answer 2

Unless you got a receipt that you gave her the money, what the money was for, and that it was refundable, you are probably out of luck. Verbals generally don't hold up in court, unless the other party admits to it

Answer 3

1) chalk this up to an inexpensive lesson learned

2) Never ever do a verbal contract, because then it is he said she said.

3) Its probably worth going to court if necessary, provided it would be in a small claims court, with a small filing fee, and an attorney is not required. be prepared that she could hire an attorney which would put you at a disadvantage.

4) If you had signed a lease there would be language that shows a start date, so if you haven't moved in, you would loose the deposit as liquidated damages.

5) I think your chances of getting your money back are 50/50 at best

Good Luck

Answer 4

You could but it would be pretty tough because it would be a he said/she said type of deal.  Do you have any proof that she took your money?  Anything that document it?  Not trying to get you down, but that is what a judge will ask for.  It seems like you got hustled by her.  

Answer 5

Hi Krissy, if you took the landlord to small claims court, chances are good you would prevail. However, it would be only for the amount you can prove, which is $200. Depending on the state, it can cost that (+ or -) much to file in small claims court, and there is no guarantee you will ever get paid. This is a slumlord, I would chalk it up as experience, and just be careful in the future. We are  a 'get it in writing' society these days. I hope this has helped you, and good luck to you in the future.

Answer 6

Verbal agreements are hard to prove, unless you have a witness. Always get a receipt, especially, when paying cash. I've watched enough Court shows. I am a landlord in MD and am familiar with Mont. County, but, not Michigan. I would do some research on the Dept. of Housing & Community Affairs, under Landlord/Tenant. Good luck.

Answer 7

I have a feeling you're going to be up a creek given that you had absolutely nothing in writing up until the last minute. Any and all cash transactions should have been clearly written out, their due dates, and then a receipt or other paper trail to show you've paid it. Sorry but you need to consider this lesson learned. Everything you do NEEDS a paper trail these days. Do not trust anyone and always sign off on it indicating your permission first before moving forward.

Answer 8

i believe yes in vt i have had a landlord dispute and won she wouldn't give deposit back and spent it on water and sewer bill which she had no right to do the judge ordered twice what was owed if you can convince the judge find other tenants that were unhappy with her as a landlord if you saved the note you have a great chance good luck also in vt there is a book called tenant;s and landlord rights and responsibilities