Paid $840.00 to hold place till approved,

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Paid $840.00 to hold place till approved,

We were not contacted by landlord saying we were approved. We paid $840.00 to hold the place so it couldn’t be showed to other ppl. We found out we were approved for housing, so called to get our money back. She then told us we were approved and she couldnt give our money back. We have been waiting since june 3rd to hear back from her, and still haven’t untill today when we called her to say we didn’t want the place anymore, How can we get our money back? This isnt right, we didnt sign a lease and we were never told we were approved.

Asked on June 17, 2009 under Real Estate Law, California

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I doubt that this landlord will return your money without a lawsuit.  You did ask to be approved, which would be seen as an offer to lease the apartment, and the deposit was made to take the apartment off the market.  The landlord's attorney will argue that they are entitled to something for that, for however long it was off the market.  And now this has been hanging for two weeks, which won't help.  But you could also argue that it was always intended that any lease would be written and signed, and without that, there's no contract, and no right to keep your money.  I'm not a California attorney, and without knowing the variations in the law and all the facts of your case, I can't predict what might work, or not.

You can try your luck in small claims court, on your own.  Or you can talk to an attorney, and one place to look for counsel is our website, http://attorneypages.com


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