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Very confusing situation/paid deposit/was told I can't move in/landlord won't refund

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ladyamos

Junior Member
What is the name of your state (only U.S. law)? Kentucky


I've found this forum very useful over the years, so I thought I wouldd explain my situation and get some input.


I realize that some questions frustrate some of you, but please, please, refrain from being a smart a**. I cant take that right now.


My situation: I was an in an abusive relationship for years and finally decided to remove myself from the situation. I found a new apartment the next town over; I explained to the manager of the apartment complex what my situation was like, and he showed me a townhouse that he was working on, it was to be move-in ready on 2/15/2016. It was well within my budget, and a decent place, so I decided to go with it. This was on 1/25/2016. I paid the full deposit of $775 on this date, in cash. There was no formal lease given to me, just a receipt stating"Deposit non-refundable if tenant backs out of lease, or does not finish lease.." I thought that was pretty fair.

Somehow, and, I'm not even totally sure how this happened, (phone records, perhaps?), my ex-partner was able to find out the contact information for the manager of the townhome complex that I had signed the lease for. He told the manager several crazy things about me---said that I paid the deposit with a bad check (WRONG! I paid in CASH), and just basically a bunch of childish stuff. The manager confirmed to my ex-partner that I paid in cash, and for some reason, went on to disclose which townhouse/apartment (the actual number!) that I would be living in.


I did not believe any of this, I thought my ex was lying because it sounds beyond ludicrous. Well, sure enough! He wasn�t. My ex was able to provide me with screen shots with all of this information being clearly displayed in a text message conversation between him and my to-be landlord.

Concerned about the situation and for my safety in general, I called and asked the landlord/manager about this, and why he would disclose such information. He told me that they have enough drama there now and they are not welcoming anymore in, and that I was no longer able to move into the apartment that I paid the deposit on. I asked for my deposit back, and he literally laughed at me and told me that I should seek legal counsel, and gave me a card with their attorneys information listed. I asked for the owners name, he would not provide me with this information, or his last name. I was able to find out his name by searching tax records's, he's one of the top surgeons here in my area.

So, I emailed the attorney (I'm dumb with this stuff?) and he replied telling me that I was not to contact anyone from the apartment complex directly unless I do so through legal counsel as I stated I would to the manager... I NEVER STATED THAT. I NEVER said anything about legal counsel whatsoever. So clearly, the apartment manager/landlord has lied to him. I don't have legal counsel! I simply want a refund! I paid a deposit of $775.


I cannot find any contact information for the actual owner, other than his practices' number, and I'm actually kind of scared to contact anyone at this point. I did call the housing authority as well, they said they are unable to assist as it is not section 8/subsidized housing.


Does anyone have any suggestions? I really just wanted to get my money back, find another place, and go on with my life. We are talking $775, not millions. Do I chalk this up to a loss, or is there anything I can do?
 
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Zigner

Senior Member, Non-Attorney
Would I need an attorney for this? I'd hate to go to court over $775, this is ridiculous.
Small claims is a kind of "relaxed" court - you don't need an attorney and the initial filing fees are pretty low. I suspect that you may get your $775 back once they find out you are suing them...
 

ladyamos

Junior Member
Small claims is a kind of "relaxed" court - you don't need an attorney and the initial filing fees are pretty low. I suspect that you may get your $775 back once they find out you are suing them...

Ok, thanks. I'll definitely look into that. I just can't believe any of this lol it's a mess. It doesn't even seem real.
 

FarmerJ

Senior Member
Your county government center has a property tax desk where you can have them look up the owners mailing address ( which is the address that the property tax bill is sent to ) and then use that address to sue both the owner and the property manager for refund of your deposit, his idea of a non refundable deposit is nuts , they withdrew the offer of a apartment to you they CANT fairly keep one dime of your money , when you file include your filing fee.
 

ladyamos

Junior Member
Thank you all for this great information! I'll definitely follow through with your suggestions.


I was able to get the address of the owner from the county tax department, and his name, his address is a P.O. box.

I guess I'll go to the court house tomorrow and see what can happen...

Thanks!
 

xylene

Senior Member
The owner/property manger is (maybe) going to claim you decided not to move in over the disclosure to the ex of your new address.

You need to be prepared for them bring that angle up. Be clear that you intended to move in.

Lastly, you should consider talking to an organization that helps people who have been in abusive relatioships. They can help with the finding of housing and possible be of assistance or at least advice in recovering your deposit.

In the future, you need to weigh carefully the aspects of disclosing your story to prospective lanrdlord. This is something an abuse survivors organization could be invaluable to you for.
 

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