Does a tenant have a right to a refund of a deposit if they withdraw their rent application 4 months before they were suppossed to take occupancy?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Does a tenant have a right to a refund of a deposit if they withdraw their rent application 4 months before they were suppossed to take occupancy?
On the 22nd of last month my mother signed an app to hold a senior apartment for a move in date for over 4 months later and provided a $500 deposit at that time. We then learned her financial situation was not what she thought and it was in her best interests to withdraw her application. On the 5th of this month a written notice to withdraw was provided to the landlord and a request for a refund of the $500 deposit. At no time was a lease ever signed and my mother did not receive notice that her application was accepted. We cannot find any reference on the the application stating “non-refundable.” The landlord confirmed receipt of withdrawal, but is not returning my calls. Do we have right of refund?
Asked on September 25, 2012 under Real Estate Law, Wisconsin
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Under the laws of all states in this country if you simply made an application for a rental and submitted a $500 deposit but then decided to not rent the unit where you never signed a rental agreement, you are entitled to the return of the deposit.
I would write the owner of the rental that you were interested in demanding payment of the refund by a certain date. Keep a copy of the letter for future use and need. If you do not get payment by the demanded date, your legal recourse is small claims court.
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.