If I never signed a lease, can I get my security deposit back?

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If I never signed a lease, can I get my security deposit back?

I applied for an apartment and on the application it said, “Once your application is accepted, a security deposit must be paid within 48 hours. This deposit will be applied towards your amount due at move in and is not refundable.” We are not moving there and they will not give our “security deposit” back. Do I have any rights to get my money back?

Asked on March 15, 2012 under Real Estate Law, Maine

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you never signed the actual lease for the rental that you were interested in, you never moved into the unit, but you paid a security deposit, you are entitled to get a full refund under the laws of all states in this country for your security deposit. The security deposit is for damages to the unit when you move out. Since you never lived in it, you are entitled to the security deposit back.


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