If a landlord terminates lease before move in can they keep deposit?
I live in Kansas City, Missouri and we have put 2500 down as a deposit and we are suppose to move in, in 4 days. My husband and I asked if it could just be us on the lease because my mom wanted out. They said no and we were fine with that. Now they have called us and said that we can't move in and they dont want the 1st month rent on the 5th and we will not recieve our deposit back. They are terminating and we are ready to move in. In OCT. we were to pay another 2500 and start a rent to own contract but that was never put in place seeing how we are not moving in and have never even got keys. They are saying since they took the house off the market and held the house for us we don't get anything back. I don't understand because we aren't backing out of the contract. Please help
Answers:
If they terminate the lease for any reason, they must refund your deposit, unless it specifically states otherwise in the contract, such as "we can terminate the agreement for any reason and reserve the right to keep all fees and deposits", in which case you weren't too smart in signing it.
They are trying to get you in a contract to where you give them so much money so they will hold the house for you and not sell or rent to anyone else. If you signed a contract like that, then you will not be able to receive your money back. However, if it was a security deposit, then you are entitled to your money back. Speak with an attornet as soon as possible and look over everything you signed to make sure it was only a securtiy deposit. If they broke the contract, they have to pay back everything that you paid them. Even if you did sign a paper to where they would not sell or rent to anyone other than you. If they broke the contract, then they are required to return your money to you. I would speak with them once more and ask for something in writing on their reasoning for not giving the money back and then let them know that you are going to your attorney and taking them to court. They cannot do this.
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