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security deposit question

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Old Aug 4th, 2008, 03:04 PM     #1
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Default security deposit question

so me and my friend were suppose to move into this home together and we put down the 500.00 deposit but couldn't see the house until the current residents moved. they didn't move out till the 1st and that's when we went and looked at it. we did sign the lease, but then realized that the place wouldn't have a washer and dryer or fridge. so we told them we would not be taking the place as we didn't realize this before. now they are refusing to give the security back to us. we never moved in. we decided on the 1st we didn't want the place but had signed the lease before going over there and looking at it. that can't be legal?
and a clarification: it was not a holding dep but a security dep! we do have receipts!
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Old Aug 5th, 2008, 11:31 PM     #2
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Default Re: security deposit question

Since you signed the lease, you are obligated to that lease. The deposit will, no doubt, be used to cover the notice to vacate period required by your lease. (You still have to give notice. You are obligated to follow all the clauses of that lease.) You MAY also be responsible for other charges as well - advertising, rent until it is re-rented, agent fees, etc.

Had you not signed the lease, you may have been able to get the deposit back since you never took occupancy. But since you signed the legal document, expect to lose it. Please post your state so I can tell you what, or if, you can also be held responsible for.
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Old Aug 6th, 2008, 02:17 AM     #3
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Default Re: security deposit question

oklahoma
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Old Aug 7th, 2008, 11:37 AM     #4
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Default Re: security deposit question

OK law does require the LL to mitigate damages by atempting to re-rent promptly. You do need to give 30 days notice in OK, so the deposit will probably be used for that. Notify the LL in writing that you will not be taking occupancy and to re-rent the unit. Send it certified mail and keep a copy. That should at least limit your liability.
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