Small claim?? Oklahoma

[micaela97]

Im not sure if this would be considered a small claim question or real estate law question so Ive posted at both.

My husband and I put a deposit down on an apartment, were given the move-in date and apartment number then a week before we were to move in got a call from the leasing agent that the occupant changed her mind and that the apartment was no longer available. We were told they would hold the deposit for the next available unit, and we never heard back. We finally went in to get our deposit back and were told that it was only refundable after 48hours from the time we gave them our application. My question is, if the deposit and application was for a specific apartment and such apartment was retracted by them, not us, then isnt that application then void? Thus, shouldnt we legally have right to our money being refunded? Look forward to getting a responce ASAP!! Thank you!

 

[JETX]

If the lease specifies that it is for a specific apartment (or floorplan) and does not provide for the landlord to unilaterally change it, then the landlord is in breach of the agreement and you are entitled to a refund of any monies paid. The leasing agent is either confused or trying to confuse you. The 48 hour 'back-out' that they are telling you about is if YOU were to cancel the lease, and is not applicable to when THEY breach.

Tell them to give you your money back, or to try to explain their reasoning to the judge. And then they will owe you for your court costs and attorney (if you get one), plus interest.