I was going to take a apartment in a high crimed area. After I saw what the area was like for a week I decided I didnt want the place.THe landlord asked for the key. But didnt have the deposit money. I told her to notorize a letter stating that she will return my deposit. She did. But neglected to put the dat although she verbally said today. Whats my chances of getting my deposit back. I never moved into the apartment.
2006-08-21 09:25:51 · 28 answers · asked by Phlowa 2 in Society & Culture ➔ Etiquette
That all depends on the "Contemplated Lease Agreement" or the 2nd page of the application. E-mail me and tell me about the application - was it a mom and pop app? Or was it from your state's apartment association? You also need to know where all you signed. The signature at the bottom of the first page is an approval for release of information so that your employment, rental history,, etc. can be checked - If you signed anywhere else, it probably was specifically for the purpose you stated above - to insure that they could keep your deposit if you backed out.
The laws regarding all of that are different in each state so you might want to contact your particular state's Apartment Association.
Now, in Texas, if we held an apartment off the market for you, using your security deposit - no, we would not give it back. You would forfeit it. I'm sorry if that is not what you wanted to hear.
2006-08-21 10:01:16 · answer #1 · answered by theprincesskgb 2 · 1⤊ 1⤋
YES because you have taken up time from that apartment that could have been used to house another tenant, plus you have taken up their office time and man-hour time in processing the paperwork. This is perfectly legal for them to keep your deposit. If the landlord signed a paper stating she will give you your money back however, and you have that in your possession, then you can take her to small claims court for the amount of deposit, plus court costs.
2006-08-21 16:45:54 · answer #2 · answered by Jylsamynne 5 · 0⤊ 0⤋
You should see a lawyer about this one. If you had the key, you're technically liable to pay rent for the time that you had the key, so she could deduct that from your deposit.
Payment of the deposit can be construed as evidence of a verbal contract and your intent to rent the place, regardless of whether or not you actually signed the lease.
2006-08-21 16:33:19 · answer #3 · answered by Anonymous · 1⤊ 0⤋
it sucks you gave them a deposit before you signed a lease. You should never give anyone any money before agreeing to the terms and conditions of your contract.
That's good that you got a notarized letter...but what you should have done is kept the keys until they gave you the money back.
you can try to keep contacting them and try to get it back...but i am with everyone else. dont hold your breath.
and next time, whether its for an apartment or a "business opportunity." dont give any money up front until you know what is involved in the transaction! You gotta look out for #1 - yourself!
good luck next time and I hope you found a better place to live.
2006-08-21 16:47:27 · answer #4 · answered by Anonymous · 0⤊ 0⤋
YES, IF YOU HAVE NO PROOF THAT YOU GAVE THE LANDLORD A DEPOSIT. YOU SHOULD ALWAYS SIGN LEASE FIRST, AND THEN GIVE SECURITY DEPOSIT. IT DOESN'T MATTER IF THE LETTER IS DATED. AS LONG AS SHE SIGNED STATING THAT SHE WILL GIVE YOU YOUR MONEY BACK SHE MUST DO JUST THAT. TAKE THE LETTER TO POLICE STATION AND HAVE AN OFFICER KNOCK ON HER DOOR WITH THE LETTER. LANDLORDS ARE SCARED OF COURT BECAUSE IT IS MUCH MORE OF A HASSLE AND MORE MONEY.
2006-08-21 16:36:51 · answer #5 · answered by missbenn24 1 · 0⤊ 0⤋
if she notorized a letter stating that she would return the deposit, then she is legally required to do so. as far as the date, because she said it verbally it is basically your word against hers. i know that rentors can usually keep the deposit if you go back on your lease, but since you didn't even sign a lease you are entitled to your deposit. i would hire a lawyer and take her to court.
2006-08-21 16:33:50 · answer #6 · answered by rchilly2000 5 · 0⤊ 1⤋
if she signed the letter, you have a good chance of getting your money back, though the court legal process probably wouldnt be worth it. most lease contracts also note that you won't get your deposit back anyway, so there's probably a conflict of legal documentation there. sorry to say, but looks like you got screwed.
2006-08-21 16:35:09 · answer #7 · answered by promethius9594 6 · 0⤊ 0⤋
I think you should first document everything that you do with this lady. Then you should give her a written document stating that you would like the money back on such and such date. That money is yours, and she isn't intitled to keep it, at least here where I am from you would be but maybe its different there. If that doesn't work take her to small claims and sue for your deposit and also for court fees.
2006-08-21 16:34:02 · answer #8 · answered by Bena the bean 2 · 0⤊ 1⤋
Sounds like you may have to take her to Small Claims Court in order to get it back. If you do not have a contract, it may be hard to get back. Contact her EVERYDAY, and maybe she will give back the deposit when she is tried of you hounding her. Good Luck to you!
2006-08-21 16:35:17 · answer #9 · answered by BlueAngel 5 · 0⤊ 0⤋
This happened to us not so long ago...The deposit was given back, but some of it was kept for their troubles...
If she insists on keeping the deposit, go to your small claims court, and see what the solution may be...
2006-08-21 16:44:26 · answer #10 · answered by Anonymous · 0⤊ 0⤋