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Can a landlord keep a 10,000 down payment on a RTO home without a written contract?
My daughter put 10,000 on a rent to own house she was renting. Stupidly, she gave this landlord 10,000 as a down payment and never got a signed contract. They had to move because the boyfriend lost his job. All they got back was the deposit and they also let them keep the new renters deposit because they felt bad that they didn't have any of the 10,000 left. Can they do this?
Public Comments
- Any agreement for real estate has to be in writing. She never should have given them the money until she had the contract stating the obligations of both parties? Does she even remember what the agreement was, and how would she prove it? Sorry.
- Yes, they can. Your question should be 'can my daughter sue to get her down payment back?' The answer is -- Maybe. Even if you had a written contract for the purchase of the property, your daughter breached it by not staying and paying rent. Why your daughter moved out is irrelevant. You would have a tough time proving that she is entitled to the return of any money. You can try but I would not hold out much hope.
- yes they can and that is why you see all the rent to own ads in the newspapers. its all a big scam but its legal
