IF I GAVE A DEPOSIT FOR AN APARTMENT BUT NEVER MOVED IN, AM I ENTITLED TO MY MONEY BACK?
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IF I GAVE A DEPOSIT FOR AN APARTMENT BUT NEVER MOVED IN, AM I ENTITLED TO MY MONEY BACK?
I put down a deposit on an apartment but didn’t yet sign the lease, nor did I move in. The lanlord stated that it was a refundable deposit. However, when I asked the landlord for the deposit back and he said he couldn’t give it back.
Asked on October 15, 2010 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
A landlord is permitted to charge a nonrefundable fee or deposit for applying for an apartment, but it must be identified as such in advance. Even more, since agreements--even oral or verbal agreements--are enforceable, if the landlord had told you prior to putting down the deposit that it was refundable, thent he landlord is bound by that agreement. If the landlord will not return it, you may therefore have grounds to sue him. If you have to take legal action, for amounts under $1,000, you should probably represent yourself in small claims court; for amounts over $1,000, you could still do small claims court if you wanted, but it might make sense to instead retain a lawyer to bring the action on your behalf. Good luck.
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