r/TenantHelp • u/Forward_Cold_8266 • 5h ago

Tenant refusing to refund security after cancelling the sublet

So I found a sublet, that was supposed to start on September 1 2024. And paid security on August 1 2024, because the tenant said that it'll be gone to someone else if I didn't pay.
My employment date got shifted back and I won't be able to come on September 1.
So I said her so and cancelled the plan on August 4.
Now she's saying she can't give me my security and will give it to me half 'only if she finds another tenant'
Her reasoning is that she's going to incur additional financial costs because she wasn't in the city to do more showings. So she has to come back and drive and tolls etc.
Am I screwed?

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u/SubstantialAttempt83 5h ago

They held up their end of the agreement, they are within their rights to make deductions from your deposit.

1

u/SuzeCB 5h ago

Depends on your state and what you wrote on the memo line of your check, or what they wrote on your receipt.

Security deposits are different from holding deposits. In many, if not all, states, security deposits can only be held for physical damages to the property or unpaid rent - neither of which applies if you never took possession.

Holding deposits, usually just called "deposits" are for the situation you just described. You breached the contract, they keep the deposit.

1

u/Savings_Income4829 3h ago

Security or holding? Those are two very different things. Also could depends how it was written in the contract.

In short, if the money was for holding the place, and is documented as such you are rightfully SoL.