Refund no possession of property no lease

[Billyk77]

Jurisdiction

Kentucky

Gave perspective landlord first month rent plus security deposit and pet deposit. Never took possession of property and never signed a lease. Is the landlord entitled to keep any funds and how long does he have to refund

 

[army judge]

Gave perspective landlord first month rent plus security deposit and pet deposit. Never took possession of property and never signed a lease. Is the landlord entitled to keep any funds and how long does he have to refund

Probably not.
It's very doubtful the prospective LL will readily return the money.
Someone may need to go to small claims court and ask a judge to order the return of his/her funds.

 

[adjusterjack]

Is the landlord entitled to keep any funds

Yes.

In the absence of a written lease, you agreed to a month-to-month tenancy. You paid for a month but didn't live there. That's your problem because the Kentucky landlord tenant statute does not require a landlord to mitigate his damages when a breach occurs.

See 383.520:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=35721

That means he gets to keep the month's rent and at the end of the month he would have to comply with the security deposit statute.

See 383.580:

http://www.lrc.ky.gov/Statutes/statute.aspx?id=35733

 

[Billyk77]

Thanks for the information
Guys. However I did not commit to any time frames, the monies paid were merely to secure a lease. A lease was to be written when pending credit and background check were compkete. During this time frame I received a call notifying the property owned by my employer had become vacant and due my short notice they were going to amend my current contract to provide relocationvassistance. I then contacted renter and informed him at which point I was told u will be surrendering any $ already paid.

 

[army judge]

Thanks for the information
Guys. However I did not commit to any time frames, the monies paid were merely to secure a lease. A lease was to be written when pending credit and background check were compkete. During this time frame I received a call notifying the property owned by my employer had become vacant and due my short notice they were going to amend my current contract to provide relocationvassistance. I then contacted renter and informed him at which point I was told u will be surrendering any $ already paid.

Changes nothing.
The only way you can endeavor to get the money back is sue him or her.
But, suing won't get you paid.
If you prevail, you'll get a pretty piece of legal paper, a judgment.
Then you have to try and see if you can collect the judgment.

Fewer than 5% of small claims litigants ever collect a dollar of their judgment.

 

[adjusterjack]

the monies paid were merely to secure a lease. A lease was to be written when pending credit and background check were compkete.

Do you have anything in writing to that effect?