If I paid a deposit on a rental housebut therewere a lot more problems with it that the landlord had mentioned, can we get our money back?

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If I paid a deposit on a rental housebut therewere a lot more problems with it that the landlord had mentioned, can we get our money back?

When we first saw the house the electricity wasn’t working and there was a few other problems that was supposed to be fixed before move-in. When we went to see the house for the second time the electric was fixed but we noticed many other problems with the house that the landlord did not mention. It was not move-in ready so we no longer wanted the house and requested the deposit back. The landlord is refusing to give the deposit back but no where in the contract does it say that it was non-refundable.

Asked on February 2, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all states in this country, a deposit to hold something open unless it is designated as an "option" is fully refundable. You are wise to have read the document you reference in your question in that its terms and conditions control the obligations owed to you in the absence of conflicting state law.

Since the document does not state that your deposit is not refundable, it is. I would write the person who has your money a letter demanding its return by a set date. Keep a copy of the letter for future use and need. If you do not receive the deposit back by a set date, your option would most likely be small claims court.


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