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6 votes

What kind of "theft by..." is it when someone refuses to return deposit?

This is not theft, this is a contract dispute. You gave them money, they promised to do certain things, the contract says what that is. I surmise that they wanted a deposit to cover their costs in ...
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  • 165k
3 votes
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Can you refuse to pay back deposit at your own discretion?

can the business set out that the deposit is paid back at their own discretion? Generally speaking, the business is allowed to do so. What matters is that at the formation of the contract the ...
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3 votes
Accepted

(San Francisco, CA) Can a landlord keep a security deposit if my apartment rental application is approved, but I back out of signing the lease?

Can a landlord keep a security deposit if my apartment rental application is approved, but I back out of signing the lease? That can't be legal, right? No. That is a violation of California CIV 1950....
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2 votes
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How does rental income garnishment work?

In California you would engage the assistance of the local Sheriff. You would provide your judgement and instructions to the Sheriff and they would serve the tenant. The tenant would then pay the ...
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  • 9,105
2 votes
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Small Claims court fee in the USA as a plaintiff — is it acceptable to ask for a refund from the defendant?

But if I do file a claim and win, is it normal in a Small Claims court in the USA for the plaintiff to ask not only for a refund of the money that was taken unduly, but also for the defendant to ...
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  • 140k
2 votes

Planning on signing a new apartment lease - can I get back a nonrefundable holding deposit due to natural disaster (i.e. COVID-19)?

No. Force majeure does not change contract terms (e.g. making a non-refundable deposit refundable). Rather, it allows parties to get away with not performing their obligations where circumstances ...
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  • 20.3k
2 votes
Accepted

Reclaim hotel costs from landlord

should I include the hotel costs in my claim? The hotel cost up to €1,500 for the week. Or should I consider that a sunk cost? You might be able to recover all your expenses, including hotel costs, ...
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2 votes

Do automatically generated notifications from deposit protection schemes' own computer systems adequately fulfill landlords statutory obligations?

If they provide the required information within the required time The “landlord … must give the tenant” does not imply that the service must be done personally. So long as the landlords actions cause ...
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  • 158k
2 votes
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Must a deposit be reprotected for each successive tenancy, even if both the tenant and property remain the same?

No. If the landlord, tenant and property remain the same, and all the rules were followed for the original deposit, then no further action needs to be taken. This applies however many times the ...
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2 votes

What is the adjudication process for resolution when a paid tenancy deposit has not been properly protected?

In England & Wales, tenancy deposits are governed by the Housing Act 2004, specifically Part 6, Chapter 4, sections 212-215C. References below are to that Chapter of the Act. what if there is ...
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1 vote

How long does a contractor or retailer have to complete a project after a deposit is given

The agreement between A and C should specify a due date for the job to be completed. If it does not, the standard is that it must be done within a "reasonable time" which depends on the ...
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  • 98.2k
1 vote

Cancelling an agreement before anything has been signed

In English law, one of the requirements of forming a contract is the acceptance of an offer. Since the contract was never signed (and assuming there was no acceptance of the contract communicated in ...
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1 vote
Accepted

Wedding: Return of Deposit Due to Cancellation for Covid-19 Reasons

To what extent is the reception venue required to provide the service we discussed? The company, your guests and, you are subject to the constraints --including the unreasonable ones-- dictated by ...
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1 vote

text about a deposit held by the landlord

I am a co-signer in the lease contract. Will that hold in a small claims court where I am suing her for the full deposit? That seems unlikely. Lease contracts typically establish that tenants are ...
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1 vote

Can this 7% annual interest penalty on NJ security deposit be applied after the lease has ended?

No The wording is clear "the tenant has the right to require that ... be applied toward any rent due" - if there is no rent due (i.e. all rent has been paid) then the tenant has no such right. ...
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  • 158k
1 vote

In Oregon, when can my landlord deduct carpet cleaning from my deposit?

Paragraph (a) is the stuff that applies generally, where paragraph (c) would append or modify (a). ORS 90.300(7)(c) seems to append carpet cleaning to the items covered in ORS 90.300(7)(a). So it ...
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