Security Deposit Deposit & 1st month rent, signed rental agreement, LL now refuses to let move in

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momma_2_four

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A friend of mine is trying to rent a house so she can move out pending a divorce from her husband. She found a place close by and signed a rental agreement, paid $1000 deposit and $1000 for first months rent for the month of August. She had not yet gotten the keys for the rental from the landlord when her husband found out about the rental and went nuts. He went to the landlord's home and threatened him saying he didn't want his wife moving out and he would essentially hold them responsible if they rented to her. The landlord called the police and the husband was told to leave, but not before he threatened to get the 1st month rent & security deposit back by causing damage. My friend found out about this later when the landlord called to tell her he would not be renting to her. She asked about getting her money back, but they refused saying she essentially broke the lease. Although, she told them she still wanted to rent the house and move in. She was able to stop the 1st months rent payment check, but the LL had already cashed the security deposit. They are refusing to return the money to her. Does she have a leg to stand on if she were to demand the money back? The laws I'm finding on security deposit all seem to be specific to actually having lived in the rental and then moved out. She never even got the keys to the place let along moved in.
 
A friend of mine is trying to rent a house so she can move out pending a divorce from her husband. She found a place close by and signed a rental agreement, paid $1000 deposit and $1000 for first months rent for the month of August. She had not yet gotten the keys for the rental from the landlord when her husband found out about the rental and went nuts. He went to the landlord's home and threatened him saying he didn't want his wife moving out and he would essentially hold them responsible if they rented to her. The landlord called the police and the husband was told to leave, but not before he threatened to get the 1st month rent & security deposit back by causing damage. My friend found out about this later when the landlord called to tell her he would not be renting to her. She asked about getting her money back, but they refused saying she essentially broke the lease. Although, she told them she still wanted to rent the house and move in. She was able to stop the 1st months rent payment check, but the LL had already cashed the security deposit. They are refusing to return the money to her. Does she have a leg to stand on if she were to demand the money back? The laws I'm finding on security deposit all seem to be specific to actually having lived in the rental and then moved out. She never even got the keys to the place let along moved in.

If he won't give her back the money, her remedy is in a small claims court.
She might have a good case, but that won't get her money.
If she sues, she'll get a judgment, then she'll have to collect that judgment.
By stopping payment on her check, the landlord might be able to sue her for stopping payment on a debt.
It is a mess.
 
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