I gave an apartment complex $1200 deposit and was unable to move into the apartment?

Question

the owner told me that he did not have to return any of my money , the y did not inform me of the policy and I did not sign any paperwork stating this policy. can I get my money back?

Answer 1

Ok...obviously A LOT of people never bothered to read the question carefully of the OP.

She didn't sign a lease.

Whether or not you get the deposit back, depends on other things in the absence of a lease.

I think you were the one that posted an earlier question that said you cancelled in 24 hours right?  If that was the case, then you are entitled to your deposit back.

However, if the LL kept it for a substantial length of time, then he can keep the deposit, not to exceed 1 month's rent, as damages since he was expecting you to sign a lease.

HOWEVER some judges may say that he was free to contract since a lease was never signed.

So you need to go to court.

Answer 2

.    The landlord is being a jerk.  He may legally be able to keep the money but he shouldn't.  In the future, write "100% refundable" on the front and back whenever you give someone a check. If they refuse to accept it, you are on notice that you will lose it.

Answer 3

The policy is common law, they held the apartment, they keep the deposit, that is the entire reason for collecting it when you request the hold.

Answer 4

Do you have a receipt for the money, or did you mark the check showing the reason for the check?  If not, you never gave them any money legally.

As in all matters of this sort, see an attorney.  Laws vary from location to location.

Answer 5

If you signed a lease it's a contract. They could actually jam you up for more money if they wanted.

There are an aweful lot of "I signed the lease and gave money, but then I changed my mind" posts here. Don't people realize they are signing a legally binding contract?

Answer 6

If you signed a lease agreement, you became liable for the rent.  Check the entire lease agreement (if you have one).  

If you did not sign a lease, then the owner has no binding agreement with you and he can't keep the money (any real estate deal not in writing is no deal at all).  Check with your local small claims court to see what the limit is - if it is $1200 or above, sue him there - you won't need a lawyer.

Answer 7

Didn't you sign a lease when you gave them a $1200 deposit?  If so, they can sue you for entire lease amount, not just keep your $1200.  Your deposit was so they would keep the apartment for you and not rent it to some one else.  There was at least an implied contract between you two.  They may lose a month's rent, be unable to find a good tenant, have to advertise again, do more showings, etc.  You have greatly inconvenienced them, and you owe them.

If you truly did not sign any paperwork, that is imprudent action by you.  You can make a written demand for return of your deposit.  You can then sue them in small claims court if they refuse to return it.  However, they probably can deduct from any monies they return, the cost of additional advertising, and the loss of rent due to having to relet apartment.

Answer 8

What was the reason they gave for not giving you your money back - there just seems to be some info missing from your question.  Anyhow, it sounds like they do have to return your money, based on what you have said.  Just go file in small claims court to get your money back today.  You can continue to pursue other options (like just bugging them alot) to get the money back at the same time, but let the judge tell them they need to refund the money, that should get it done.