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butin | Can I take the deposit back? |
I went to check out a studio, and after that I agreed to take it. So I gave the landlord $500 for deposit. She told me to give the rest of the money and plus the first month rent as soon as I can (One month rent is $1075). But I didn't sign the lease. 2 days later, I changed my mind. I called her and apologized to het for the inconvenient. But she told me she can't return the $500 back to me, because I signed the application form and on the form it says the deposit is nun-refundable. I am wondering that since I haven't signed the lease, can I get the deposit back? I am so worried. |
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redwine
 |
I think you are SOL. Ask for a copy of the agreement to make sure, but if you signed a non-refunable deposit, it is just that. |
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jim_mackenzie
 |
A deposit is a sign of good faith. By making it you are stating that you intend to carry out the transaction. If you do not carry it out, you are giving the other party permission to keep your deposit to cover its inconvenience and costs.
Whether you signed the lease or not, deposits are generally not refundable. The landlord is within her rights to keep the deposit.
If you aren't sure you want to sign a lease, I recommend you not make a deposit, or make a small enough one that you don't mind losing it.
Incidentally by agreeing to take the space, you entered a verbal contract, so the landlord could actually potentially enforce an action for breach of contract against you. |
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ELK
 |
If you signed that then chances are you're not getting back your deposit. |
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go_lc_bears
|
You answered your own question.
"I signed the application form and on the form it says the deposit is nun-refundable"
If you rent the apartment, you will get it back when you leave however. |
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wizjp
 |
" the deposit is nun-refundable. "
done and done |
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Gregorio
|
Everything everyone said and one additional note:
No you are not getting your money back and ...
Don't take the advice of those who say to stop payment.
If you stop payment they could potentially sue you for 3 times the face value of the check, and that would be the best case scenario. Also ... it's a crime. You signed a legal contract and they are entitled to the money. If you stop payment as a means of avoiding payment for a legal debt, that's criminal. It's no different than if you walked into Best Buy, bought a TV and stopped payment the next day keeping the TV. Don't do it.
You just got a $500 education on contract law. |
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tamarack58
|
The above are correct about them being able to keep it. Let me give an example to help you understand why they would keep it and why they're not necessarily being jerks.
Suppose the landlord had two possible renters. You and another person. So the landlord tells the other person it's rented as you said you wanted it. Now, a couple days later you don't want to rent, the person found a place and the landlord still has to pay the bills and mortgage even though no one is there. You could have caused him to miss out on a renter so now he has to pay for advertising, upkeep and go through the whole process again.
That's why he's keeping your money. |
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beckyknight88
 |
This is a case that you need to read EVERYTHING BEFORE you sign. Hopefully you wrote a check that has not been processed yet. If you have you maybe able to place a stop payment on the check for about $30. |
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behr
 |
If you signed the application form and the application form clearly states that the deposit is non-refundable then technically its non-refundable.
In practice however what she is doing is highly unethical.
However, there may be laws in your area that indicate that a signed contract can be recinded within x days and any and all fees paid are to be returned to the client.
I would suggest to contact a real estate lawyer in your area and ask them what your options are. All it may take is one well placed phone call with the threat of a law suit to encourage her to do the ethical thing and return your deposit.
-----
tatersgrl88 has a good point --- if the cheque hasn't cleared put a stop payment on it. That whole - possession is 9/10th of the law type of thing. If you're in the wrong then she could come back at you for the NSF charge she is going to get. However if your lawyer says you are in the clear then that is her problem for being one I wouldn't recommend do business with. |
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DatDrMaHeLuvs
|
no sorry u cant... thats in every lease/rental app |
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kemperk
|
let me convert your positions.
YOU are a landlord--and you have a unit
to rent out. Two people come to rent it
and one gives you a deposit. That means that
the 2nd party cannot rent out the unit.
--what would you want to do?"
------
HOWEVER, ask her "when the next person
comes to you who wishes to rent the unit, are you then able to refund my money?
Or, do you plan on keeping my money and
their deposit too?
If so, that is "UNfair enrichment" and is
illegal.
Make that claim and see what you get.
I think if you offer to sue, you will get a
refund. |
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Marysue
 |
$500 cash or check? If it was a check, I would have put a stop pay on it before calling her. If it hasn't been cashed you could still try.
If it's cash or she has cashed your check you are probably SOL. The deposit is meant to shield the landlord from people saying they'll lease the space and then backing out. |
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pinkmoneyrobe
|
I would say yes you can get your money back. Often times there are special departments within the city offices designed to protect a renter's right. I would start there, they should be able to point you in the right direction. |
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