I had paid a deposit for a new apartment in the form of a personal check. I was told by the realtor that this check would be cashed only upon signing the lease. When we met the landlord after a few days, he imposed some terms that we were not told of initially. He wanted us to sign an affidavit which said that we would have to vacate the apartment if we were caught with people living more than the number mentioned on the lease and that we would have to also pay the remainder of the rent on the lease. Also he said we could not cook in the house. The affidavit he asked us to sign is not a part of the lease document. We were not comfortable with these conditions and the management did not wish to negotiate on any of these terms. Thus we decided to back out of renting the apartment. However the management is not ready to give our deposit back. We have not received any form of a receipt for the deposit nor have we signed any document that says the deposit is not refundable. Thus i would like to know if i am entitled to receive my deposit or is it legal for him to withhold it.
Submitted by sharan on Fri, 08/07/2009 - 23:02
Editor's Response
Folks, my answer (my opinion) to all of these questions about getting deposits back is the same: Send a demand letter to the agent and the owner (certified mail). If they do not produce the money, file a suit in Housing Court or Small Claims Court, two courts that are very friendly to non-lawyers. Then, let the court decide. These cases are all fact specific, so go with your gut. If you think you are entitled to the money, if the landlord has not actually suffered any damages in your situation, then demand the money back.
In this case, based on the facts in your question, I have a hard time believing a court would let the landlord keep the money. In other cases, where the landlord lets other prospective tenants get away based on the deposit, a signed lease, or a perceived agreement between the landlord and the tenant, it is possible there will be some damages and lost rent that the landlord will be entitled to collect. Good luck.