If I told landlord I will not take an apartment and now he refuses to give me my $200 back, can he keep that money?

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If I told landlord I will not take an apartment and now he refuses to give me my $200 back, can he keep that money?

I paid a $200 deposit to be the first person to see an apartment. After seeing the apartment I liked it and said I wanted it. As I returned a few days later to pay the remainder of deposit and rent I saw cockroaches.

Asked on October 6, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country there is no such thing as a non-refundable deposit for a rental if no written lease has been signed for the rental between the landlord and the tenant.

In your matter, if you did not sign a rental agreement for the unit you are writing about, you are entitled to receive the immediate return of your $200 deposit from the landlord. If such is not provided to you immediately, your legal recourse is small claims court.


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