My brother gave a landlord a $200. deposit to hold an apartment and 8 days later after the landlord dragged her feet doing a background check and credit check, I found another apt. She now says that she will not return the deposit. The decision to take another apartment did not cost her anything as she was in no hurry to rent the apt. even before I inquired about it (according to her next door neighbor and my friend)
2006-10-01 11:03:06 · 11 answers · asked by Anonymous in Business & Finance ➔ Renting & Real Estate
easy, what was the deposit money for? there, you have said it. ( I hope)
2006-10-01 12:54:15 · answer #1 · answered by ken_voss12345 4 · 0⤊ 0⤋
Was there any signed contract? If so it depends on the terms of the contract. If not, odds are you're out $200. Your brother can take the landlord to court, but I seriously doubt the judge will find in your brother's favor.
Your brother's best bet is to threaten to sue and see if you can get the landlord to split the difference. If you or your brother has a friend who is an attorney, get the attorney to write the landlord a letter on company letterhead. Don't hire an attorney, it will cost too much, but sometimes just an "official looking" letter is enough. If your brother decides to sue, you're pretty much going to lose, however it may be worth the shot. You will however lose your court costs as well. There is also a risk of the landlord countersueing for your brother not following through with his committment (the deposit check) to move in so I would not sue.
2006-10-01 11:17:07 · answer #2 · answered by AirDevil 4 · 0⤊ 0⤋
In the future,sign an agreement for the landlord to hold the apartment(specify which one) and that the landlord will refund the deposit if you decide on another apartment. In order not to lose out,ask the landlord if you can still move into the apartment in question since you already gave the deposit.
2006-10-01 11:14:35 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I don't think she can keep it. In a transaction like this both parties have to get something out of it and your brother got nothing. Consult the attorney general in your state. They should have a website for just this type of thing, consumer complaints and/or renters complaints. You probably just need to tell her you are going to do this and she'll give the money back.
2006-10-01 11:11:23 · answer #4 · answered by porkchop 5 · 0⤊ 0⤋
Unless there is documentary evidence to the contrary, the LL keeps it. You yourself said the deposit was to "hold" the apartment, which she apparently did.
2006-10-01 13:07:50 · answer #5 · answered by Anonymous · 0⤊ 0⤋
The credit check you can doing through your computer! The 200 dollars, if this is the whole truth, take her to small claims court!!
2006-10-01 11:09:26 · answer #6 · answered by alfonso 5 · 0⤊ 1⤋
It would depend on the agreement you had, usually it states none refundable deposit, check your paper work
2006-10-01 12:02:30 · answer #7 · answered by Granny 1 7 · 0⤊ 0⤋
Most likely, at the very least, less damages which include advertising and estimated rent lost. Try to negotiate with her.
2006-10-01 11:32:27 · answer #8 · answered by Not Laughing w/ U 3 · 0⤊ 1⤋
YES she can. you did not rent the apartment. the money was to hold the apartment.
2006-10-01 11:08:32 · answer #9 · answered by rwl_is_taken 5 · 0⤊ 0⤋
Do a stop payment on the check. Call your bank to do it. Then she can't cash it.
2006-10-01 14:31:59 · answer #10 · answered by cheryl4785 2 · 0⤊ 0⤋