Can my deposit be held because I changed my mind to move into a unit?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can my deposit be held because I changed my mind to move into a unit?

I changed my mind to move into an apartment but I gave 1 months security deposit. The managment secratery told me I will loose my security deposit if I decide to not move in. The only thing that I signed was a application for the unit and because the owners were holding it for me and took it out of the market, they do not want to give back the deposit. I also paid for other fees to owners that I know will not be refunded.

Asked on October 29, 2010 under Real Estate Law, Connecticut

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A security deposit is a deposit to make good the landlord for damages a tenant (or tenant's guests, etc.) cause to the apartment or for non-paid rent. In either event, you have to actually be a tenant for the landlord to potentially have grounds to retain the deposit, since if you never entered into any lease, (1) there's no rent due, and hence no unpaid rent; and (2) you never had possession of the apartment, so you'd not be responsible for any damages. A deposit  that was not a security deposit but was instead a deposit on the apartment, for the landlord to hold it, could be retained if the prospective tenant was the one who walked on the deal. The key issue is what kind of a deposit is it; and related--if it's ambiguous, what can you prove, or what evidence do you have for  it being a security deposit and not a deposit to hold the premises? If  the landlord believes it's the latter, not the former, whether he can retain it will come down to what can be proven about the kind of deposit it was.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption