Your deposit is often considered a commitment to rent property

Q. I've been renting a villa in Florida for the last couple of years with an oral agreement on the cost and length of time. This is not through an agent.

I sent him a deposit of $1,345 for rental from Jan. 15, 2010 to April 1, 2010 with the balance of $2,400 to be paid on arrival. On Nov. 6, I sent him an e-mail to cancel the rental because I had purchased a condo in Florida. We had no agreement for it to be guaranteed now or in the past. He is refusing to refund my deposit and I feel that since I gave him more than two months notice, I should be entitled to the refund. I have offered for him to return half the deposit but he is refusing.

Do you think I have a case in the small claims court of Florida?

A. I presume the reason he refuses to return your money is that he does not believe you will chase him for it. There is not enough money involved here to hire an attorney. So, you either must handle this yourself or swallow your loss.

I can see both arguments here. Once he received and cashed your deposit, he could not change his mind, right? What if someone came along a week after he deposited your check and offered him $1,000 more to rent the condo for the same period. Would you think it was fair if he returned your money and said I'm renting to someone else?

The presumption when he received your money is that you have made a contract for that period of time and for that cost. Now, if he was able to rent it to someone else for the same period and amount, should he return your money? Of course. Will he? Probably not.

You might try calling him and attempt to work something out. It's easier to tell someone no in an e-mail than in person. As for your chances in Florida court, you will need to speak to a Florida attorney.

We were sued for foreclosure and we are pretty much at the end of our redemption period. We have had our house listed for the last six months without an offer. We now have a couple very interested, but they cannot close until February, which would be past our redemption date. Can we try to call the mortgage company and see if they will give us some more time to sell our property?

A. First, negotiate the contract. If this is a short sale, include a provision that the contract is subject to the approval of your lender. Also include a provision that the contract is subject to your lender granting you an extension of the redemption date. The less contingencies (financing, home inspection) in the contract, the better.

Once the contract is finalized, contact your mortgage company and inform them you now have a contract. Request an extension of the redemption date. If granted, make sure you get it in writing.

You will need to be persistent, as you will probably not accomplish what you are seeking in one or two calls. You could also try to contact the law firm that is handling the foreclosure. The good news is most lenders would much prefer to extend the redemption period and sell the property than foreclose, especially if the sale results in little or no loss to the lender. Persistence will be the key.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine IL 60067, by e-mail to tdr100@hotmail.com or call (847) 359-8983.