Can I get the Deposit back?

What is the name of your state? Texas

Last night my wife and I went to look at an apartment. After deciding we liked it we signed the lease and left a deposit check. We did not have to pay application fees or admin fees and we initialed a spot on the lease that stated we wouldn't get the deposit back if we cancelled. That night my wife and I talked and she got cold feet. She wanted out of the lease and so I called to tell the Apartments of our decision. They state that the deposit is not going to be refunded. Do I have any recourse? It was less than 4 hours from the time we signed to the time I called. I don't know if the 72 hour thing applies to leases or not. Please advise.

Also if a stop payment is placed on the check by me or my wife will the apartments have any legal recourse?

Unless otherwise explicitly stated your signature on a document is binding as soon as the ink dries. 4 hours or 40 hours you have signed and put up your deposit, and unless you were misslead intentionally as to it's refundability, you are out your deposit.

There is a reason those deposits are there (especially if they didnt charge you application or administration fees) and you agreed to it so take the place or loose your deposit. Stop payment on the check and they have every right to take it to collections and you don't want that.

Look for the bolded italic clue to your answer in your statement below..

TiredNTexas said:

What is the name of your state? Texas

Last night my wife and I went to look at an apartment. After deciding we liked it we signed the lease and left a deposit check. We did not have to pay application fees or admin fees and we initialed a spot on the lease that stated we wouldn't get the deposit back if we cancelled. That night my wife and I talked and she got cold feet. She wanted out of the lease and so I called to tell the Apartments of our decision. They state that the deposit is not going to be refunded. Do I have any recourse? It was less than 4 hours from the time we signed to the time I called. I don't know if the 72 hour thing applies to leases or not. Please advise.

Also if a stop payment is placed on the check by me or my wife will the apartments have any legal recourse?

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Uh Oh

south said:

Look for the bolded italic clue to your answer in your statement below..

Click to expand...

uh oh grasshopper... this was going to be almost my exact post except I was going to use the word "hint" instead of "clue"... scarey....


Sorry Tex, tell the wife to warm up her feet, or lose the deposit. (oh and stopping payment on the check... bad idea.)

Sometimes I try to be creative in my answers on questions on the bleeding obvious.

ENASNI said:

uh oh grasshopper... this was going to be almost my exact post except I was going to use the word "hint" instead of "clue"... scarey....


Sorry Tex, tell the wife to warm up her feet, or lose the deposit. (oh and stopping payment on the check... bad idea.)

Click to expand...

south said:

Sometimes I try to be creative in my answers on questions on the bleeding obvious.

Click to expand...

Psst...Don't look now but your British is showing...

Thanks

Thanks Guys. I was 99% sure when I wrote this that it was money gone and I let it go already. I do appreciate your help.

TiredNTexas said:

Thanks Guys. I was 99% sure when I wrote this that it was money gone and I let it go already. I do appreciate your help.

Click to expand...

Well, Thanks for the Thanks, Tex!
Sorry,sometimes thats the breaks.