2007-09-29 02:45:45 · 6 answers · asked by Ximomila 2 in Business & Finance ➔ Renting & Real Estate
That will depend upon any agreement that you have with the landlord. It's always best you have it in writing. Oral agreements are valid but proving who said what can be difficult.
I've seen a couple of deposit agreements that only stated that the LL would hold AN apartment, not WHICH apartment. In that case, as long as the LL can provide an apartment on the agreed date they have kept their end of the bargain. I got stuck with a crappy unit deep in the bowls of a large complex about 10 years ago by not paying attention to that bit of detail.
2007-09-29 04:01:59 · answer #1 · answered by Bostonian In MO 7 · 0⤊ 0⤋
Only if you signed the lease AND left the deposit.
If you only left the deposit, then you had no contract.
However, the landlord MUST return the ENTIRE deposit...they cannot keep an application fee if they gave the apartment away to someone else.
2007-09-29 12:45:33 · answer #2 · answered by Expert8675309 7 · 1⤊ 0⤋
Hopefully you have some paperwork stating that they are holding the apartment for you. If you do, look at that. If not, then the holding fee could be contingent on you passing the background check, etc and then the landlord can just state you didn't pass and give it away.
2007-09-29 09:52:49 · answer #3 · answered by Patrick 5 · 0⤊ 0⤋
It depends on the state however a contract was made when you gave the deposit. He can give it away but you have a legal criminal case if the deposit is not returned and you may have a civil law contract case. Go talk to a lawyer.
2007-09-29 09:54:24 · answer #4 · answered by Bob D 6 · 0⤊ 1⤋
Yes.
2007-09-29 09:50:44 · answer #5 · answered by Pat J 2 · 0⤊ 0⤋
If nothing was signed, like a lease signed by both of you, they can.
2007-09-29 10:43:23 · answer #6 · answered by Judy 7 · 0⤊ 0⤋