Tentant paid security deposit, does not move in house due to infestation, can landlord keep the deposit?

Question

House had roaches. Landlord promised to have the place exterminated . Tenant had not signed yet signed lease(waiting clearance from Section 8) When told she could move in and went in to do some minor cleaning(like washing tub, lining cabinets,hand curtains ,etc)was told to get a key from a lockbox order to gain access )because she had not been given the key she found the place crawling with roaches.Tentant,a single disabled mom, said no. She was not moving in with the roaches. Landlord said the deposit was not refundable. This had not been mention before and no lease or contract had been signed.

One or two roaches spot during when she went to look at the house . Landlord promised to have the place exterminated so the roaches would be gone by the time she was to move in,. Tenant had not signed yet signed lease(waiting clearance and inspection from from Section 8). Three weeks later, when told she could move in and went in to do some minor cleaning(like washing tub, lining cabinets,hang curtains ,etc)was told to get a key from a lockbox order to gain access )because she had not been given the key, she found the place crawling all over with roaches.Tentant,a single disabled mom with a nine year old child that has asthama and sever allergies said no. She was not moving in with the roaches. Landlord said the deposit was not refundable. This had not been mention before and no lease or contract had been signed.

Answer 1

You haven't provided enough information.

What is the infestation?
Does the infestation make it uninhabitable?
Was the infestation present during the showing?
Was the uint occupied during the showing?
How much time has lapsed since the showing? was there a final walk through prior to occupancy?
What does the lease say?

The Landlord will probably have to give the deposit back, but you may have to fight in court to get it.

Answer 2

Infestation of what? If the house isn't habitable, either the landlord would relocate the tenant to another unit or they would have to refund the deposit because they are not providing what the contract states.

It would have to be a legitimate situation, not you having renter's remorse and declaring an "infestation" because you saw a spider in the tub or something.

Answer 3

no. check out your town/city to see if they have a landlord/tenant department. they should be able to help you. if you don't have one of those, go to small claims court and file a suit. they will tell you as well how to proceed. i would also call the city to file a complaint. you can start by calling license and inspections and they will direct you to the correct division. if the place is not inhabitable and up to code, the landlord can be in bigger trouble.

Answer 4

Nope have to give it back