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we occasionally get emails from people who have what you might call an oral lease a handshake lease the tenant gives the landlord a check for a security deposit and then prior to move-in day the tenant changes their mind and says by the way Im not gonna rent here can I get my security deposit back how does that normally shake out not well I mean the shaking is confusing to begin with because nobody really knows what that money was in the first place I think tenants seemed to think that that was some sort of deposit if they didnt end up renting the place they get it back the landlord thinks its a true security deposit which means that when the least when it didnt happen when the lease didnt occur the first months rent was not paid and so the security deposit came into play but its a perfect example of why things should be in writing even though its legal not to have them in writing that kind of confusion is what youre likely to see when you dont put things into writing and doe
