Cancelled a holding deposit

[cafka]

Hello everyone,

I signed a holding deposit for a place in the amount of $1000 on Tuesday with the intent to move in June 1st. A few days later, I lost my job and can't afford to rent the place. I notified them as soon as possible which was on the Saturday. But there offices are closed on the weekends. Later I faxed them a letter the next week.
The managing agent said that I would have to pay for damages from June 1st until the next tenant moves in. They found a new tenant and received the new holding deposit June 5th, but she wouldn't be moving in till June 15th. They wanted me to pay for 15 days of rent which roughly came to $500. I tried to plea with them that I should only be charged for 4 days. In the end they said that they would only charge me 8 days.
They have been giving me the run around for the past 3 weeks and when I signed the holding statement, they never gave me a copy. My mom is saying that I could take them to small claims and they would have to prove their damages which is really hard. If I take that route they are obviously going to ask for 15 days instead of 8 days.

My question is do you think I have a good chance of winning in small claims?

Thank you,

Tom

 

[Gail_in_Georgia]

Since we're already pretty far into the month of June, do you mean June or July (I ask this because you indicate giving them a holding fee on "Tuesday" which would imply June 16th)?

Gail

 

[cafka]

I gave them the money on Tuesday, May 19th that was to be the security deposit.

 

[Gail_in_Georgia]

Your posting continues to be a bit confusing.

A "holding deposit" is given to take the property off the market for others. A security deposit is given to be used (if needed) at the end of the lease for any owed rent or damages above that of normal wear and tear.

A "holding deposit" (which is a promise that one will take the property) is lost if the tenant backs out of the deal. In other words, you would owe until the landlord could collect rent from the new tenants (i.e., on June 15). A "security deposit" is typically returned if the tenant changes their mind and no lease has yet been signed.

Whether you could win in Small Claims seems to depend on just what you did sign.

Gail