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nonrefundable deposit clause in application

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cyrusdgr8

Junior Member
What is the name of your state?Florida
I recently placed a $1000 security deposit on an apartment. I filled out an application for the apartment but did not know about a nonrefundable deposit clause in the application. I never signed a lease nor have I taken possession of the apartment. Can I sue for my deposit back?
 


south

Senior Member
Tell them you cannot agree to their contract and will not sign it, and want your deposit back...



cyrusdgr8 said:
What is the name of your state?Florida
I recently placed a $1000 security deposit on an apartment. I filled out an application for the apartment but did not know about a nonrefundable deposit clause in the application. I never signed a lease nor have I taken possession of the apartment. Can I sue for my deposit back?
 

cyrusdgr8

Junior Member
I signed the bottom of the application but did not sign a lease. I asked for my money back and the said that there is a clause in the application that states that all deposits recieved with the application are nonrefundable. I reported them to consumer services and there was nothing that they can do. I am desperate because I need the money to move.
 

south

Senior Member
File a small claim, tell the judge when you completed the application they asked for the deposit, which you gave because its standard procedur when renting.

They then told you you can have the place but wanted you to sign a lease stating you lose your security deposit and it is non refundable...

You would never agree to such a thing and have never heard of landlords taking security deposits and making them non-refundable, the landlord simply told you that the deposit would become the security deposit if you are accepted..

The landlord did not disclose this to you until after he took the money that he would never give it back when you eventualy vacate the property, security deposits are refundable if you leave the property in the same condition minus normal wear and tear.


cyrusdgr8 said:
I signed the bottom of the application but did not sign a lease. I asked for my money back and the said that there is a clause in the application that states that all deposits recieved with the application are nonrefundable. I reported them to consumer services and there was nothing that they can do. I am desperate because I need the money to move.
 

Who's Liable?

Senior Member
cyrusdgr8 said:
I signed the bottom of the application but did not sign a lease. I asked for my money back and the said that there is a clause in the application that states that all deposits recieved with the application are nonrefundable. I reported them to consumer services and there was nothing that they can do. I am desperate because I need the money to move.
Look over the application VERY carefully to see if what the LL is stated is true...

You are S.O.L. as the application states the deposit is NON-REFUNDABLE at the time of the application. You should have read the application VERY carefully before you signed your name and handed the check over.
 

south

Senior Member
The application deposit is non-refundable in the event you are accepted and you decide you no longer want the place. Which is ok

But it is generaly understood the deposit becomes your security deposit or goes towards security deposit, I personaly have never heard of a landlord keeping a security deposit just for the hell of it. What is that money for? Did it say landlords personaly gift fee on the application?

Doing this to a tenant is plain bull and border line theft.........



Who's Liable? said:
Look over the application VERY carefully to see if what the LL is stated is true...

You are S.O.L. as the application states the deposit is NON-REFUNDABLE at the time of the application. You should have read the application VERY carefully before you signed your name and handed the check over.
 

Who's Liable?

Senior Member
I completely agree with you on that

But if it IS legal, just because it's unfair or slimey of the LL to do it, does not mean that they can't do it... Everyone needs to make sure that what they sign has their best interests in mind... No one is pressured into signing anything(well almost no-one)

I would fight this one, they may end up not winning and come home with a black eye, but it would be worth the fight...
 

panzertanker

Senior Member
Who's Liable? said:
I would fight this one, they may end up not winning and come home with a black eye, but it would be worth the fight...
A couple "heavy hitters" and a few baseball bats would help too...
 

fauve4

Member
Holding deposit?

I believe this person is stating that they provided a "holding" deposit with an application. I thought holding deposits could indeed be non-refundable if the prospective tenant decides not to rent the unit? Sounds to me that the person decided they no longer wanted the apartment and backed out and wants his deposit back... I believe the landlord in such a case can indeed keep the deposit since they took the unit off the market and were holding it for you... you then changed your mind and decided not to rent the unit causing them a rental loss. If you had indeed rented the apartment the deposit would have transfered to your security deposit upon lease signing and therefore would have become "refundable" as long as 1) you fullfilled the full term of your lease agreement, and 2) there was no damage to the unit upon moving out.

Was the deposit you gave indeed a "Holding" deposit to take the unit off the market? If the answer is yes, I believe the landlord has the right to keep it... especially if the application indicates such.
 

south

Senior Member
That was my whole point, the clause in this guys actual contract is BS and un-reasonable.... If this is the case bad landlords everywhere will be saying ok fill in the application and give me a $1200 holding deposit, they can then say yes you got the place now here is the contract I have in my back pocket, please notice the clause where it states you agree to give me your first born, you agree not to sleep in the unit at night and the $1200 is not returnable and is deemed a gift to the landlord.

When the tenant states no the landlord keeps the $1200 then repeats everything to the next 100 tenants that knock on his door and want the place... All bad landlords would have to do is write ridiculous clauses then keep holding deposits all day..

The tenant in this case refused to sign the agreement because of an un-reasonable clause I would weigh in favor of the tenant winning a court case like this.

Take it to court and show the landlord for the conman that he is..


fauve4 said:
I believe this person is stating that they provided a "holding" deposit with an application. I thought holding deposits could indeed be non-refundable if the prospective tenant decides not to rent the unit? Sounds to me that the person decided they no longer wanted the apartment and backed out and wants his deposit back... I believe the landlord in such a case can indeed keep the deposit since they took the unit off the market and were holding it for you... you then changed your mind and decided not to rent the unit causing them a rental loss. If you had indeed rented the apartment the deposit would have transfered to your security deposit upon lease signing and therefore would have become "refundable" as long as 1) you fullfilled the full term of your lease agreement, and 2) there was no damage to the unit upon moving out.

Was the deposit you gave indeed a "Holding" deposit to take the unit off the market? If the answer is yes, I believe the landlord has the right to keep it... especially if the application indicates such.
 
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fauve4

Member
I must be missing something

Sorry South - I must be missing where cyrusdgr8 indicates that the non-refundable deposit was part of the lease he was asked to sign...

I filled out an application for the apartment but did not know about a nonrefundable deposit clause in the application.
I think he is saying that the application indicated that the Holding deposit is non-refundable... if he decided not to rent. He does not mention that the actual lease he was asked to sign says the Security Deposit is non-refundable. I am in 100% agreement with you that it is illegal to make Security Deposits non-refundable. So if this is the case he should definately pursue in court....

I think the poster needs to clarify...

CYRUSDGR8: Can you clarify if the application indicated that your holding deposit was non-refundable? or was it the actual LEASE that indicated your security deposit was non-refundable?
 

south

Senior Member
The poster stated he filled in an application to rent and gave a holding deposit if he was approved, well the landlord told him he was approved come and sign the lease, he went to sign and there was a clause saying the security deposit he gives is not refundable...

He did not want to agree with that so therefor wanted his deposit back the landlord said no...

The landlord has basicaly border line legaly ripped him off the clause is un-reasonable enough that I would go to court and state the landlord did not reveal any such fee when he was looking at the unit.


fauve4 said:
Sorry South - I must be missing where cyrusdgr8 indicates that the non-refundable deposit was part of the lease he was asked to sign...



I think he is saying that the application indicated that the Holding deposit is non-refundable... if he decided not to rent. He does not mention that the actual lease he was asked to sign says the Security Deposit is non-refundable. I am in 100% agreement with you that it is illegal to make Security Deposits non-refundable. So if this is the case he should definately pursue in court....

I think the poster needs to clarify...

CYRUSDGR8: Can you clarify if the application indicated that your holding deposit was non-refundable? or was it the actual LEASE that indicated your security deposit was non-refundable?
 

ENASNI

Senior Member
Hows The Water?

Okay... jumping in and hoping I don't do a belly splash.

If it is a "holding Deposit" It is a pretty dang High one, unless this is Paris Hilton's summer cottage. If the Landlord has one moral fiber left in his being he should refund some of the money back and keep only what he used to put the unit back on the market and any lost rent. If he keeps the whole grand he is a fermented buttcheese.

If this was part of a "security deposit" (which I doubt, as the unit was not moved into yet) the OP should get it all back..


Okay, well nobody told me about the chlorine content in this water, my eyes are burning... off to the showers.\



Edit: the OP says he did not "Know" about the non-refundable part in the application, yet he did sign it... it is a sketchy thing and might hang him up.
There is no specific statute on it that I could find, but something interesting on this web site. I still am holding my fingers for a portion to be refunded to the wannabe tenant... thats a lot of money!!!
http://www.800helpfla.com/landlord_text.html
 
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cyrusdgr8

Junior Member
apartment not ready

There was no apartment being held for me. The apartment was not ready when I signed the application. Nor was it ready weeks later as agreed upon by both parties. I was forced to find somewhere else to live. I was not offered an apartment or informed about the clause until I demanded my money back. I only filled out an application. I never signed a lease.
 
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