I can't get my money back from Don Wright, HELP!?

Question

Okay. Heres the story.

My fiance and i were looking for a house to rent. We found one from Don Wright Realty.
The guy showing the house said we can put down the security deposit, $795 .. which will hold the house for us until our lease is up Sept. 1st.

He also went on to say IF we aren't approved or change our minds all but $25 for the application fee will be refunded.

Well, we gave them the money last thursday. Thursday night we found a better house so we told her Friday that we would need the $770 back ASAP.
She said to call her saturday before 12pm, noon.

I did, she never got back to me.

I called her this morning AGAIN and left a message at her office on an answering machine .. its almost 4pm, they close at 6 and she has yet to get back with me. I call again this afternoon and her sec. told me she would be in later and she would tell her i called.

If for some reason this goes on for a few more days what do i do??? I need this money back NOW!

___ I gave them a money order and I DO have the stubs from it. ___

Yes we signed a contract. Yes i have a copy of it. Yes it states that if we change our mind OR we're not approved it will be returned, except $25 of it.

Well, we signed a contract BUT it doesnt say how long .. the only verbal aggreement was .. i asked her how long it would take to get my money back if we decide not to rent the home and she said "just a few days"

Answer 1

Feh. Did you sign any kind of agreement stating you'd get your deposit back? I hope so. Rules on deposits for holding apartments vary state by state. It really depends on where you live.
First, send Donny a certified letter stating that you no longer intend to take the apartment and you want the promised $770 minus the $25 processing fee.
Send an e-mail if possible also and keep it. Keep anything he sendds back to you.

Normally a deposit is considered an "intent of contract". By giving the deposit, you state that you intend to take the apartment/house and they hold it for you. At this point it's understood it's off the market. By backing out (I know, he said it's okay, but if he lies, YOU have to prove that, this is the law) it's understood you "left the landlord in the lurch". If he fails to rent for the month the apartment was to be taken, he can hold back the deposit as damages.

IF you can't prove he agreed to give it back, your only recourse is to keep track of the rental property. IF he rents that month, then there are no damages and he is OBLIGATED to return the deposit. Get proof of the rental and take the bum to small claims court.

Hopefully he's just being slow to return the money, because this is one of the oldest tricks in the books for screwing tenants.

Ah, I just saw you add in you signed a contract. Send the certified letter to him and the manager if he has one. There's a time line for returned funds like this, you'd have to check the contract or state requirements for it. Once that time is up, you can file in small claims court. Sorry, this isn't fast, but short of standing in front of his office making a fuss (which would get you arrested) it's the only legal process. But, it's a slam dunk win. If he doesn't return it in a week, send a second certified letter threatening court. That usually does it.

Answer 2

Did you not just ask the other day about this same company calling you back about renting the house and taking your deposit. Patience, Your being very impatient, Just like the other day. You need to take a deep breathe and slow down. It is apparent that the other day you wanted them to call you back very quickly because you did not want to wait so long in fear of loosing the property to another renter. Now you have decided to not rent from them and now you want them to move as fast as you want them to because you have changed your mind. My advice to you is simple. SLOW DOWN. You are gonna have to be patient. If you had been more patient then maybe you would not be in this situation. They want to rent the house as fast as possible. Now that you have paid them they know they are not going to recieve the first month rent or a signed lease or contract. They will refund you I am sure, Yet you need them to move on your clock again and that is not going to happen. If you need that money to put on another rent house. Then If I were you I would contact the owner of the house you want ask them about giving them a Check to hold until you get the cash from the money order. Asking them to not hold cash it because you will bring them the money as soon as you pic it up from the home owner of the house that did not impress you as much as hers did. Explain and be very confident with them. NOW on the other hand, you do know that it is a chance the MO has not been cashed. If that is the case Then your going to have to bring $25 dollars to them, in order to pic up the original money order, Then you will have to go back to where you purchased it to cash it. Other wise that may be the reason you have not been contacted. Because they need to cash it and get a check cut to you for the balance. So Trust me your decision to rush into the deal and now want to rush out, shows that you need to be patient and realize that her office does not revolve around you and what you need done. There is a process. Be patient. The smartest thing you did is sign the contract and have the conversation about if you found a better deal if you would loose the deposit. A deposit is just that, Money to hold to ensure that you want the property, and for security to ensure you don't destroy. They may make you suffer for a few days but I am sure you will get it back. Good Luck.

Remember Be PATIENT

Answer 3

Color me skeptical as to "you can get your money back less the $25 processing fee"

If you weren't happy with the property that you needed to continue to look, then why did you put down a deposit?

Did you write a check? That needs to clear the bank. I don't think you have any choice but to wait.

You can blame Don Wright Realty all you want but YOU have just as much (if not more) blame for this problem

Answer 4

how much time is given in the contract to return the deposit back to you? most contracts say 10 to 25 days depends on which state you live in sometimes even county or city.

Answer 5

Was the "if you change your mind" part in writing in whatever you signed, or just something the agent told you. If just verbal, then you might be out of luck.

Read your contract and see what it says. You DID have a signed contract, and get a copy of it, didn't you?

Answer 6

you signed a lease and gave money, property went off the market as of that time, the property is yours.
now granted not alot of time went by and I would not have kept the money. but legally they are in titled to it at lease in tx.
you need to turn this around and think, what if a landlord would have come to you after you singed lease and gave money to hold property and you made plans to move in and told you they leases it to someone else.