I paid a deposit of $300 to hold an apartment, but dont want it!Can I get the money back?

Question

In Houston , TX, I paid a deposit of $300 to hold an apartment that I saw online, but it when I went to see the apt it was dirty and it smelled really bad. I decided not to rent it, but the landlord wont give me the money back. I never signed a lease or agreement.I stopped payment on the check. Will I have a problem with this? Can he legally take my money?

Answer 1

Problem: Its called a holding deposit in the case that you forfeit the rental. Most would answer you with the words "caveat emptor" you didn't look at the property before requesting a hold. However, Im not here to judge you. Lets look at your method of payment:

If you paid via check and it hasnt been cashed yet - if it is an out of town check, it usually takes a few days to clear. Issue a stop check.

Legally, its not going to be worth the 300 plus bucks it costs the landlord to get a lawyer to chase you. I think he/she is going to have to whistle dixie and you have nothing to worry about.

If the landlord is an institutional landlord or has an institutional property manager - you want to make sure you did not submit your ssn number - because some unscrupulous creditors will file a delinquency on your credit rating (if you issue a stop check). However, if he/she is a mom and pop operation - chances are if their properties are nasty, they're probably not organized enough to know how to hurt you financially.

You'll be ok. Take that 300 bucks and take it as a lesson to look and test before you buy. Same logic with choosing spouses. lol

Good luck

Answer 2

You may have a problem.. They can say it was an application fee... Review the website you made the deposit from and see if it explains the terms and conditions of the deposit.

Stopping payment on the check provides some protection in that if it's successful then the landlord will have to take you to small claims court to recoup the $300.

The amount doesn't seem high enough for the landlord to take the time to do so... If you hear otherwise then contact an attorney.....

Joe Ballarino
http://www.AmerivestRealty.com

Answer 3

You should never give a deposit on anything without signing paperwork and never do it until you have seen the property. If you didn't sign any agreements, there's no proof of anything including your $300. A stop payment on the check is probably the only thing you could do. You could also contact the better business bureau to see what they recommend. Just be more careful next time!

Answer 4

You've lost the $ because that's called a deposit. The reason why it's not given back is because you bound the landlord to suspend his right to rent his apartment to anyone else. You wouldn't have thought it was fair if he decided to rent it to someone else while holding your $300 would you ?

Answer 5

In most if not all cases if you put a deposit down and back out they get to keep your money. Simply cause they could have already sold it and you backed out so you loose your money. However some home owners will get you half of your deposit back but most of them keep it all.
However you can take him to court but thats if you think its worth it. You and him had an agreement of some sort even with out you signing any paper work. So he can take you to court for the 300.00 or more. Chances are in his favor of winning too.

Answer 6

well sometimes they keep some of it , but yeah i would stop the check asap

Answer 7

Maa, you did not sign a lease, so he is SOL.

Answer 8

Yes. He legally can.

Answer 9

they cant keep any of it, they have to give it all back to you, either they give you the apt, or you rmoney.

Answer 10

call a lawyer