Pre-move or pre-lease deposit issues
LIST Code: HO-06-05-04-01
LIST Code
HO-06-05-04-01
Title
Pre-move or pre-lease deposit issues
Definition
Legal issues related to a landlord taking a deposit or holding fee from a prospective renter before move-in, then refusing to sign the lease, rent the unit, or return the money. This includes disputes over application deposits, holding deposits, or pre-lease payments made in anticipation of renting a home. This issue covers situations where a renter pays money to secure a rental unit before a lease is finalized, and the landlord later backs out, rents the unit to someone else, or fails to complete the agreement. It often involves questions about whether the deposit was refundable, what promises were made, whether a lease or agreement was formed, and what obligations the landlord has to return the funds. It also includes understanding remedies when a landlord keeps a pre-move deposit unfairly, such as demanding repayment, disputing improper withholding, or taking legal action. Legal questions may involve consumer protection laws, landlord-tenant statutes, contract principles, and documentation such as receipts, messages, or draft lease terms. Rules vary by jurisdiction and may depend on how the payment was labeled and what representations were made. Includes: - Holding or reservation deposits taken before a lease is signed - Application or pre-move-in fees improperly withheld - Landlord refusing to rent after taking a deposit - Failure to return pre-lease payments - Disputes over whether a deposit was refundable or binding - Remedies for recovering pre-move or pre-lease deposits