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Landlord vs Tenant Issues Landlord and tenant issues, including rent, leases, non-payment, eviction, holdovers, summary proceedings, etc.

Deposit return after cancellation of lease

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Old Jul 15th, 2008, 08:08 AM     #1
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Confused Deposit return after cancellation of lease

I recently signed a Rental Lease Agreement with a $500 deposit for a
one-week vacation stay but had to cancel afterwards. In the lease it
specifies that payment would be refunded only if property is re-rented at no
loss of landlord. Since the time I signed the lease agreement and prior to
the time that I canceled, the property had been sold to another party, and
my lease agreement and deposit were given to the new owners. In this lease
there was no mention of this being an \"assignable\" property. Therefore, do
I have any grounds to insist they return my deposit on the omission of the
\"assignable\" fact in the lease? Thank you!
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Old Jul 15th, 2008, 10:23 AM     #2
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Default Re: Deposit return after cancellation of lease

Any property can be sold. That goes without saying. It doesn't need to be stated in your lease. The lease and deposits transfer to the new owner, as with any lease. You need to contact the new owner and ask about your deposit. Was the property rented for the period of your stated week? Also, consult your lease. Most require that you cancel at least 30 days prior to the rental's initial date, in order to obtain a refund.

Please research these two things. Vacation rentals do not fall under residential LL-Tenant law. You may also have to research what state law covers vacation rentals (usually the same one as hotels and boarding houses).
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