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Deposit to hold an apartment

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K

Kerch

Guest
Last Saturday (5/27) I went to look at an apartment that I saw advertised in a local paper several days ago.
I liked the apartment, so I asked to leave a deposit because I didn't want to lose the apartment. They were looking for a possible July 15th occupancy and they were looking for someone to make a one year commiment.
I gave the prospective landlord 500 dollars and a written set of references (last landlords, employer, etc). They gave me a reciept stating the deposit on the apartment. But they did say that they already had a few appointments set up and that they would still show the apartment. I let them know that my current lease was up on the 30th of May, and that I would be putting my belongings into storage.
The wife called my current landlord as soon as I left. I was given a very good reference by my landlord.
On Tuesday they called my employer to verify my employment. Since I've been here over 7 years, that was no problem.
When I looked at the apartment, I realized that it was smaller than my last, so I would not have room for all of the furniture. So I donated what I couldn't use to a needy family.
Tuesday afternoon, the wife left a message on my answering machine that they were still showing the apartment, but I was still the leading candidate. I was starting to get a little confused by now. I thought the deposit acceptance was a binding agreement.
Wednesday morning the husband called me to tell me that he was going to have his cousin move in instead. I wouldn't be getting the apartment.
I asked him about the deposit. He said that they stated that they were still going to show the apartment, and that the deposit meant almost nothing.
I went and got the deposit back, but now I no longer have a commitment, and I can't get my furniture back.
Do I have any recource?
What are the laws governing deposits?
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Kerch:
Last Saturday (5/27) I went to look at an apartment that I saw advertised in a local paper several days ago.
I liked the apartment, so I asked to leave a deposit because I didn't want to lose the apartment. They were looking for a possible July 15th occupancy and they were looking for someone to make a one year commiment.
I gave the prospective landlord 500 dollars and a written set of references (last landlords, employer, etc). They gave me a reciept stating the deposit on the apartment. But they did say that they already had a few appointments set up and that they would still show the apartment. I let them know that my current lease was up on the 30th of May, and that I would be putting my belongings into storage.
The wife called my current landlord as soon as I left. I was given a very good reference by my landlord.
On Tuesday they called my employer to verify my employment. Since I've been here over 7 years, that was no problem.
When I looked at the apartment, I realized that it was smaller than my last, so I would not have room for all of the furniture. So I donated what I couldn't use to a needy family.
Tuesday afternoon, the wife left a message on my answering machine that they were still showing the apartment, but I was still the leading candidate. I was starting to get a little confused by now. I thought the deposit acceptance was a binding agreement.
Wednesday morning the husband called me to tell me that he was going to have his cousin move in instead. I wouldn't be getting the apartment.
I asked him about the deposit. He said that they stated that they were still going to show the apartment, and that the deposit meant almost nothing.
I went and got the deposit back, but now I no longer have a commitment, and I can't get my furniture back.
Do I have any recource?
What are the laws governing deposits?
<HR></BLOCKQUOTE>

It appears that the deposit you gave the prospective landlord was on an intent to lease or reservation basis. That is, it is your intent to lease the premises but the landlord is not obligated to lease it to you. This is one-sided and benefits the landlord. Since you did not sign a writtten lease the prospective landlord did not agree to lease the place to you but is required to return your deposit. Since this was done you have no recourse. Next time for your own protection, be sure to sign a written lease if you will be giving a deposit.
 

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