who is in the right?

Question

If i put a deposit down on an apartment, but then back out of moving into it, is it refundable. all i have is a receipt of the original amount deposited, but nothing was discussed as far as it being refundable or not. i'm sure the landlord is going to want to keep it, and its not really worth enough to fight for it, because i'm sure it would be a headache. i just want to know who is in the right, and if i should fight for it?

Answer 1

There are too many misinformed answerers here! One answerer nailed it. The deposit exists for two reasons, as security that you stay for the full term of the contract and that you leave the property in good condition. Since there was no contract (lease) executed (signed), then the deposit is supposed to be refunded in full.

If you have to sue to get it back, do so and let the landlord try to produce documentation proving it was non-refundable. it won't happen.

Answer 2

Both are right - if nothing is in writing you both have a case. You can argue that you never moved in or finalized the deal. That would make the deposit refundable. The property owner can argue that he took the apt. off the rental market and lost income as result. So the deposit would be his.

Suggestion: Call the properety owner. Extend your understanding that you both suffered a loss by the deal not going through. Offer to let him keep 1/2 of the deposit.

"A good negotiation ends when everyone walks away feeling like the lost something"

Answer 3

A deposit prior to move in tells the landlord that you want to rent the property and you are giving your deposit to "hold" it. He may have pulled it off the market and told other prospective tenants that it was already rented. When were you supposed to sign the lease. He may have a right to keep the deposit if he turned away other tenants because of you. Consult an attorney

Answer 4

So far as I know, a deposit is a promise of an intention to pay later in full for a product or service. If the person paying the deposit decides not to pay for the product in full and wishes to 'back out' with no signed contract, the person is refunded the full deposit.
You can check out California Renter's Rights for more information on deposits.

www.hud.gov/local/ca/renting/tenantrights.cfm

You can also go to your local HUD office for an attorney or legal advocate to help you get your deposit back. Most cities have non-profit organizations who will help people fight bad landlords. If you can't find any in your phone book, try:

www.caltenantlaw.com (they help fight for tenant's rights.)

Good luck. It's better to fight than to let it go. Most criminals get away with crime because no one stands up to them and tries to fight...

Answer 5

If you put down a deposit and then don't fulfill whatever you put the deposit down for, you don't usually get it back unless you have something in writing that says you will.

Answer 6

Typically, the original deposit is considered earnst money. Which means if you back out, the landlord gets to keep the money. If you go through and rent the earnst money is applied to either the security deposit or rent.

Answer 7

Well, normally deposit are non-refundable, but nevertheless, you may approach the landlord, tell him/her the reason, you never know, there's always a good soul out there. Doesn't cost you anything to ask, right? But... be nice. :)

Answer 8

Used to work in real estate, and the deposit is usually non refundable.

Answer 9

The deposit is not refundable. You gave that as consideration to ensure your fulfillment of the rental contract. You breached that contract. You are out the money.

Answer 10

I dont think so... the deposit is there to hold the apartment, so if you ditch out then they aren't out that months rent. It may be different where you live though.

I would recommend searching for the Tenancy Act for your state/province/country