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strawberriesilove | Can I get back a deposit on rental I've decided I don't want? |
I paid a $600 deposit on a rental property that on closer inspection have decided I don't want. I never signed an official lease so am I entitiled to get the money back?
On another note I first looked at this place in Jan at night. I wasn't crazy about then. Yesterday I got to see it in the daylight and the place is horrid. I feel bad because I feel as if the rental office held it for me eventhough I never asked them to. When I gave them the $600 deposit, I didn't attend for them to cash the check until a lease was signed.
Additional Details
I need to clarify a few things:
1. Although I looked at the rental in Jan I did not give them the deposit until March 2nd.
2. I never asked them to hold the rental for me, they were free at any time to rent it to someone else. When it was first showed to me it was not even advertised as being available for rent.
3. Looking at the house in the day time has shown me an infestation of mice that I didn't see before and they are trying to make it my responsiblity to take care of the problem.
4. The house was also left very dirty and several pieces of furniture were left in it and again they are trying to make it my responsibility to either keep it or get rid of it.
5. I gave the deposit because I need to leave my current rental by the end of this month and as of 3/2 hadn't found anything yet so I guess I panicked. I now see how wrong that was on my part. |
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Mark P.
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Yea, if you didnt sing yer cool... |
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recovering christian
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no, that's the purpose of the deposit. They could have rented it to someone else and didn't. Now, if you back out, that's their "restitution" |
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pookiepoo
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I don't think so. I think the deposit is a security payment so that they wouldn't show the place to anyone else and to make sure you go forth with your end of the agreement of taking the place. I doubt you would get that back. That what deposits are usually for. |
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Garacaius
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The purpose of a deposit is to reserve the apartment for you. You may only get part of your deposit back if any. Did you get a receipt ? From they way you talk I feel there is more to the story that you have not told. The act of giving them a deposit is asking for them to hold it - that is the purpose. |
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profess33_98
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You told me you didn't sign a lease yet they cashed the check? You should be able to get your money back, but it concerns me that they cashed the check without a signed lease. I am not sure what state you are in, but if you have any problems, you may need to get an attorney. Never give anyone money until you sign a document. If they needed money to hold a place, a deposit of 600 dollars is a lot of money. A new development with houses only require 500 dollars to hold a LOT. But this is an apartment. For some reason I have a feeling that there is a lot more to this story. |
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☺SDgurl☺
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If you didn't sign anything, you should be entitled to get your money back. Next time don't fork over such a large amount of money for something you're not 100% sure you want. |
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kimmamarie
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You "asked them to hold it for you" when you gave them the $600.00 deposit in Jan. This is March and you want to change your mind after he held the apt for over a month? I dont think so. He could have rented it to someone else, but your $600.00 deposit stopped him. If you dont want the apt, let him know, but dont expect your deposit back. He earned it. He is out the money he could have rented it for during that month and a half.
$600.00 is not alot of money to hold as a deposit. My apts run about $625 a month and security deposit is $900.00. To hold an apartment for someone means they want the apt., so they give me a holding deposit of $625, and I take it off the market. If they change their mind, they dont get that money back as I lost money by not renting it to the next person. If they DO rent the apt, the $625 goes towards the $900.00 security deposit.
If you werent crazy about the apt in January, why did you give him a deposit to hold it???
Sorry, he doesnt have to give the money back to you. Next time, be sure you want the apt you put the money down on.
To your additional statements:
You didnt like the terms or the apt in Jan or on March 2, but yet you still gave them the deposit on March 2 after seeing the condition of the apt? Plus now it is March 15 and you are changing your mind? Regardless if you signed a lease or not, the answer still remains the same. You took the rental off the market the minute you gave the deposit. That landlord has every right to keep that money. You looked at the apt in Jan and expressed interest, then did the same on March 2. As a landlord, by giving him the deposit after viewing the apt twice, told him you wanted the apt. He then takes it off the market, losing other potential renters, because of your promise (deposit) to rent.
Nope, that money is his. For his time, for losing potential renters, and for having to re-advertise.
Next time, be sure you want the apt you are giviing money for. |
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FaZizzle
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1) You should have not put a deposit down on something you didn't want or were happy with. You don't make an intelligent choice without checking it out.
2) Regardless, don't feel guilty about the apartment complex, Obviously they aren't a dying company. They wanted your business. It's as simple as that.
3) You SHOULD get it back, especially since you never signed a lease. IF you signed something LIKE a lease (saying you never signed an "official lease" is somewhat confusing. Did you sign something that said you move in?) you may have to forgo the money. |
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BoomChikkaBoom
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If you "didn't intend" for them to cash the check, then why did you give it to them?
It makes no sense that you would give someone a payment without the expectation that it would secure something for you and/or create some sort of obligation on the part of the recipient.
If you weren't sure, you could have said "I'll think about it and get back to you."
You can ask them for your money back and you can take a chance at small claims court if they refuse.
I really wouldn't count on winning unless they get another tenant right away. |
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misty blue
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If I were you I would contact an attorney and ask him, what you can do. because you didn't sign a lease but ask your attorney. good luck. |
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purplejadedragon
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I think that you should be able to get it back, check with the attorney general's office in your state as well as your city/town website. |
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C J
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You should get it back, most likely.
Why would you go around handing out $600 anyway? |
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darklord_bob
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If there is no lease, he must give you your money back. Of course with no lease to use to prove that you gave him the money, this qould quickly boil down to a he-said/she-said thing. You may have to resort to violence. |
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