Money Issue

[I_Need_Advice]

What is the name of your state (only U.S. law)? Maryland


My husband and I were on a waiting list for a rental apartment that we hadn’t heard from in months, so we started looking for another place to live. We found another place, and the landlord said we didn’t have to sign the lease right away as we were going out of town, but that we could give her some earnest money to hold the place and sign the lease after we returned and that the money would go toward the security deposit in the event we signed the lease. We gave her the money and thought nothing more of it.

However, this first place that we were on the waiting list for called us yesterday and said we could move in, so we chose that place, as we had not signed a lease with this other person. We told the landlord of the second place what happened and that we will not be moving into her place and that we would like a refund of our earnest money.

She is angry because she pulled the ad for the place and refuses to give the money back because “she wants something for her time.” We feel she has no legal right to the money, as nothing was signed and we were not bound to her.

Thoughts?

 

[OHRoadwarrior]

You have no proof the money is refundable.

 

[Ohiogal]

What is the name of your state (only U.S. law)? Maryland


My husband and I were on a waiting list for a rental place where that we hadn’t heard from in months, so we started looking for another place to live. We found another place, and the landlord said we didn’t have to sign the lease right away as we were going out of town, but that we could give her some earnest money to hold the place and sign the lease after we returned.

This first place that we were on the waiting list for called us yesterday and said we could move in, so we chose that place, as we had not signed a lease with this other person. We told the landlord of the second place what happened and that we will not be moving into her place and that we want our money back.

She is angry because she pulled the ad for the place and refuses to give the money back because “she wants something for her time.” We feel she has no legal right to the money, as nothing was signed and we were not bound to her.

Thoughts?

The money was earnest money to hold the place. She held the place. You lose the money. Why do you think you should get the money back?

 

[Antigone*]

What is the name of your state (only U.S. law)? Maryland


My husband and I were on a waiting list for a rental place where that we hadn’t heard from in months, so we started looking for another place to live. We found another place, and the landlord said we didn’t have to sign the lease right away as we were going out of town, but that we could give her some earnest money to hold the place and sign the lease after we returned.

This first place that we were on the waiting list for called us yesterday and said we could move in, so we chose that place, as we had not signed a lease with this other person. We told the landlord of the second place what happened and that we will not be moving into her place and that we want our money back.

She is angry because she pulled the ad for the place and refuses to give the money back because “she wants something for her time.” We feel she has no legal right to the money, as nothing was signed and we were not bound to her.

Thoughts?

She has the right to keep the earnest money. She held the place for you and you changed your mind.

 

[Zigner]

I don't think this is as cut and dry as it seems.

http://www.oag.state.md.us/Consumer/landlords.htm#application

Per MD law, this is considered an "application fee". (See the link, An application fee is any fee other than a security deposit paid to a landlord before a lease is signed.)

The LL may need to refund anything over $25. Depending on how much money is involved, the OP may wish to have a brief chat with a local LL/Tenant attorney.

 

[I_Need_Advice]

I don't think this is as cut and dry as it seems.

http://www.oag.state.md.us/Consumer/landlords.htm#application

Per MD law, this is considered an "application fee". (See the link, An application fee is any fee other than a security deposit paid to a landlord before a lease is signed.)

The LL may need to refund anything over $25. Depending on how much money is involved, the OP may wish to have a brief chat with a local LL/Tenant attorney.

Thanks for the link.