Can landlord sue to get holding deposit back?

[bastet4107]

What is the name of your state (only U.S. law)? NEW MEXICO

My friend gave a holding deposit to her future landlord, she's been waiting for 22 days now to get approved by this individual which keeps saying the current landlord is not returning her calls (it appears that the current landlord hasn't been contacted at all).

My friend canceled the check, but she fears she can be taken to the small claims court to get the holding deposit back, as she can't keep waiting to be approved and is currently looking for another apartment.

Is there a mandatory time limit for completing the screening process? it seems to me that as she failed to finish the screening for unknown reasons, no expense charges should be made to my friend.

 

[sandyclaus]

What is the name of your state (only U.S. law)? NEW MEXICO

My friend gave a holding deposit to her future landlord, she's been waiting for 22 days now to get approved by this individual which keeps saying the current landlord is not returning her calls (it appears that the current landlord hasn't been contacted at all).

My friend canceled the check, but she fears she can be taken to the small claims court to get the holding deposit back, as she can't keep waiting to be approved and is currently looking for another apartment.

Is there a mandatory time limit for completing the screening process? it seems to me that as she failed to finish the screening for unknown reasons, no expense charges should be made to my friend.

Yes. A holding deposit is just that - a deposit to hold the property exclusively so that no one else can rent it.

The check you wrote, I'm assuming that it had some notation of it being a holding deposit? By cancelling that check, not only are you cancelling the agreement you made, but breaking a contract.

If the current LL deposits it, you may also be held liable for writing a bad check as well.

 

[BL]

What is the name of your state (only U.S. law)? NEW MEXICO

My friend gave a holding deposit to her future landlord, she's been waiting for 22 days now to get approved by this individual which keeps saying the current landlord is not returning her calls (it appears that the current landlord hasn't been contacted at all).

My friend canceled the check, but she fears she can be taken to the small claims court to get the holding deposit back, as she can't keep waiting to be approved and is currently looking for another apartment.

Is there a mandatory time limit for completing the screening process? it seems to me that as she failed to finish the screening for unknown reasons, no expense charges should be made to my friend.

In other words the future LL is lying about getting references from the current LL ?

Will the current LL back that up ?

she fears she can be taken to the small claims court to get the holding deposit back

Well if it comes to that ,she can subpoena the current LL to testify as a witness for her .Get that done through the clerks office and personal service .