Tuesday, March 17, 2015

I am having an issue getting my security deposit back from a local broker for a home I was going to lease. I gave him $3400 and he claims du...

Question

I am having an issue getting my security deposit back from a local broker for a home I was going to lease. I gave him $3400 and he claims due to him removing the home from the mls during negotiations he can keep my lease deposit.

In the lease application there was a clause that allowed him to keep the deposit given to him with the application (holding deposit), however, I never gave a holding deposit. I only gave a security deposit and pet fee with the draft lease ( which he cashed).

We never came to terms on the lease and I asked for my deposit back. He refused to return based on the above reason.



Answer

Your written agreement controls. Have it reviewed by an attorney. Your summary is inadequate and incomplete. I understand you never had a lease agreement, but you did have an application and that document controls.



Answer

If you have a valid claim you can sue in small claims court. Have an attorney review your papers. Good luck.



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