landlord refuses to refund security deposit

[elena77]

What is the name of your state? Pennsylvania

I was going to rent an apartment but later changed my mind
1) my roommate's mother did not let her move because of the apartment location

2) apartment windows are facing a busy road, almost like a highway

3) move-in date is in 2 days and apartment doesn't seem to be finished

we did not sign the lease yet but I put down security deposit in the sum of $1000

I told landlord my reasoning but they refuse to refund my security deposit and say that there is no other apartment available at this time. (which I think is not true). They also say that security deposit is only refundable withing 3 days, and it has been more than that.

So I need to know if I got the case and can take them to a small court and what are the procedures I need to follow. Does anyone know?

 

[JETX]

Does anyone know?

Yep. All the things you describe should have been discovered BEFORE you agreed to lease the apartment. The landlord has the right to retain a REASONABLE amount of your deposit to recover their 'damages'. That means any costs to try to find a replacement tenant since you have 'bailed'.... and to cover any lost rent until they find the replacement.

I STRONGLY suggest you put your notice to no longer lease in WRITING and mail it to them both 1st class and certified. Say something like "Confirming out (telephone?) conversation of (date) we notified you that we were no longer interested in leasing the (describe) property and request a full refund of our 'application deposit'."

Of course, all of the above is contingent on what, if anything, the receipt says as to your 'application deposit' refund.

 

[elena77]

all I am asking them to do is give me another apartment but they calim there is none while they post apartment listing on craigslist.

Isn't it too late to send them a letter now? How will sending a letter help my case?