What are my rights to a holding deposit refunded?
Question Details:
I left a "holding deposit" for a property to lease. After the holding deposit was made, the landlord kept changing the terms of the lease to a point where we decided to not lease from him. He changed the price, he didn't want to give us the storage area in the garage (which he initially said that we could use), he wanted to increase the lease price to include his storage cost, etc. We told him we will not lease under these terms and want our deposit back. At first he said he would refund the money except his storage cost (which he didn't move anything out yet), then changed his mind again, saying he would not refund anything. What can I do and what does the law read in this matter?
You're going to have to sue him. At least technically, the law is on your side; once the landlord started changing the terms, the contract to hold the property in return for your deposit was broken, and you're entitled to get your money back.
There are two practical problems here. One is that you're going to have to decide if taking a day out of your life to go to small claims court for the trial is worth the money at stake. The other is proof, because unless you have the original deal in writing, or you have an impartial witness (like a real estate agent) to what that deal was, or you have something in writing such as a series of emails from the landlord showing that he was changing the deal, you can pretty much count on the landlord telling the judge that he never changed the terms at all, it was just you changing your mind. Then the case comes down to whose story is believed.
