gave deposit, didnt sign a contract, never moved in just changed my mind 1 day after can I get deposit back?

Question

I gave the deposit for an apartament without signing contrat, next day i changed my mind, and dont want to move in and they wont give me the deposit back.

Answer 1

Move immediately into attack mode and find out how to bring suit in small claims court. Make them aware of what you are planning and then do some research on your state laws --call a rental agent in the area, they should be able to give you plenty of info. This is not even a case of buyer's remorse--since you signed no lease, they have NO LEGAL RIGHT to that deposit money--in fact, if they have deposited the check without a lease of some sort, they probably have already broken the law. Since it was a mere 24 hrs they cannot claim much, if any, lost income or marketing on the property--they are stealing from you!

Act swiftly but be sure to have all of your facts straight. Good luck!

Answer 2

When you paid the security deposit, you automatically became a month-to-month tenant, completely verbal and ruled by state law. You agreed to rent the place, then backed out, probably costing the landlord at least one month of rent. You need to give notice today and pay for the first month of rent. If this is equal or more than your security deposit, you will lose the deposit. If the deposit was more than the rent, the landlord can withold the rental amount and refund the extra. If the deposit was a holding deposit (which your landlord could claim unless your receipt specifically states "security deposit"), then this is not refundable, nor is it ever refundable, under any circumstances, in any state. If your landlord has no trouble renting the place out again, he may be lenient and refund you the entire portion. This is not likely. You have cost him time and money, and the headache of having to deal with a tenant who doesn't keep their word. You owe him compensation for this. You cannot arbitrarily decide to back out of your agreements without consequence.

Answer 3

Most times, on the application and in most states there is a 3 (business) day period to cancel out. You may want to check with your state to see if that law applies.
However, there are management companies that retain the security deposit as partial payment, but most times they have no issue returning or refunding the money.]
However, you had not filled out an application, or signed any kind of contract or lease, they may not withhold your money for there is nothing proving they are hold it for an apartment.

I hope this helps.
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Answer 4

No contract. I hope you learned for the future. A contract is a means of making sure that both sides understand the agreement.

Many states have a right of recision. meaning you have a right to change your mind. If you never moved in or took possesion of the property, you have a right to get your deposit back.

It might mean small claims court. Next time, get a signed contract.

Answer 5

They are not obligated to give you back your deposit.

Always sign a contract and make sure to read it throughly. It is the only way to protect you investments.

Answer 6

If you gave a deposit to hold the unit and then failed to execute a lease you'll generally lose your deposit. If you signed an application that may well have been stated on the application.

Answer 7

What would be the point of a deposit if wasn't to guarantee something?

Answer 8

It all depends upon how they worded the advertisement and the requirement for the deposit if it said "non-refundable" or some other legal lingo that means the same thing......you're SOL

Answer 9

this will depend on the lanlord, technically he will not have to refund the money make up some sob story

Answer 10

sue them. no signed contract means no deal!!