Renting deposit ethical question

[nextlife]

Here's what happened. Early January I found a place to rent; I would be renting a bedroom from the owner and sharing the house with him. Beforehand I told him that I would be out of town until the 23rd of Jan. and asked if I could move in on the 24th. He called me on the 2nd of January and told me that the place was mine if I still wanted it. I accepted. (the rent was $400 a month plus $100 refundable deposit)

I told him that I could pay him the $100 deposit before I left out of town and I would pay him the rest when I moved in on the 24th.

While I was out of town circumstances changed and now I do not need to rent anymore. My question is: should I ask for my $100 deposit back? Do I have entitlement to it? Ethically what would you all do in my shoes? Or should I cut my losses and move on?

I really have no idea

Cheers!

 

[Vincent Vega]

As someone who sublets and is depending on the rent-sharing, I could tell you I'd not be very happy if the person I rented it to came after half the month had passed and even asked for his money back. As understandable as it is when things change and a person needs back out again, it should also be understandable that for him the loss is even greater. I don't know about US law, but according to German law couldn't claim it back. You've entered into a contract, be it oral or written, that you would rent the place.

 

[nextlife]

As someone who sublets and is depending on the rent-sharing, I could tell you I'd not be very happy if the person I rented it to came after half the month had passed and even asked for his money back. As understandable as it is when things change and a person needs back out again, it should also be understandable that for him the loss is even greater. I don't know about US law, but according to German law couldn't claim it back. You've entered into a contract, be it oral or written, that you would rent the place.

Ok, I guess I will just let it go. Thanks

 

[MsPurrl]

I agree with Vincent Vega--and I hope the landlord doesn't try to get you to pay the $400 as well!

 

[Liesje]

You can *ask* for it but don't be surprised if you don't get it. I guess it really depends on the lease agreement. If there is no lease agreement, then you probably don't owe a thing. The lease agreements I've signed have always said either party has to give a 30 day notice before moving out/kicking the tenant out (we lived in a place that was for sale the entire 3 years we were there). Usually the deposits have been security deposits to cover our damage so the landlord wouldn't really need that if you've never lived in the place. But if it was a non-refundable deposit of sorts then you're probably out of luck.

 

[Rachel D.]

Did you sign anything yet? If not, and if you never moved in, then I don't see why they should keep your deposit. But I don't have much experience with this kind of thing, so... It probably wouldn't hurt to ask them about it, though.

 

[Galeongirl]

Rachel, in this case it doesn't matter if you sign things. An Oral agreement is also an agreement by law. So I agree with Leif, you're best off not asking it back, and be glad that they're not asking you the first month of rent.