Can I get a refund on a deposit that was given the first day of showing without signing a lease?

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Can I get a refund on a deposit that was given the first day of showing without signing a lease?

My husband and I met with a man today who owns a townhouse. He posted an ad on craigslist in hopes to find a tenant to rent it out. He posted it yesterday and showed it to us today. We ended up signing a rental application paying a deposit. A couple hours later, we find out that we cannot afford the first months dues that he is asking us. He tried working with us and put the deposit into 2 installments but we still cannot afford it. The deposit is $1,000 and he told us we were the only ones who have called him about it. Are we able to get this deposit refunded?

Asked on July 8, 2012 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Unfortunately, you most likely cannot recover your deposit, if the landlord chooses to not repay it. When a potential renter (or buyer) puts down a deposit to hold an apartment (or other item or property) and then the renter (or buyer) chooses to not go ahead with the transaction, the landlord (or seller) is entitled to keep the deposit. Only if you could show some wrongdoing--such as deceit--on the part of the landlord would you seem to have grounds (such as fraud) to recover your deposit.


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