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Refundable deposit on an apartment

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chriscg

Junior Member
Country: USA
State: Ga

I responded to a craigslist ad recently for an apartment. The ad said that a refundable deposit of $275 was required. I looked at the apartment, decided I wanted it and made the $275 deposit on it.

A few weeks later I decided I did not want to move in and the landlord will not give me the refundable deposit of $275 back. There was no written contract or agreement between the two of us. The only evidence I have is a screenshot of the craigslist ad that explicitly says "refundable deposit".

Is there any legal action I can take against the landlord? Thanks
 


OHRoadwarrior

Senior Member
The idea was refundable after reasonable damages. Obviously the landlord felt the 2 weeks you cost him was worth $275. I don't blame him. As suggested, you can try going to small claims court and let a judge/magistrate decide.
 

swalsh411

Senior Member
Why should he refund your deposit? You cost him half a month where he could have been advertising for new tentants.
 

HomeGuru

Senior Member
Country: USA
State: Ga

I responded to a craigslist ad recently for an apartment. The ad said that a refundable deposit of $275 was required. I looked at the apartment, decided I wanted it and made the $275 deposit on it.

A few weeks later I decided I did not want to move in and the landlord will not give me the refundable deposit of $275 back. There was no written contract or agreement between the two of us. The only evidence I have is a screenshot of the craigslist ad that explicitly says "refundable deposit".

Is there any legal action I can take against the landlord? Thanks

**A: on what date were you supposed to move in and on what date did you inform him that you were no longer going to move in? On what verbal terms; month to month or long term lease?
 

chriscg

Junior Member
**A: on what date were you supposed to move in and on what date did you inform him that you were no longer going to move in? On what verbal terms; month to month or long term lease?


I gave her (the landlord) the refundable deposit on 10/15/11 and moved some of my stuff in on 10/24/11 for 12 hours before changing my mind and leaving.

The reason I changed my mind was that she told me her ex husband who has anger problems is pissed off that I will be living there and might be coming around from time to time. It was a month to month deal. Everything was verbal. I do not have anything in writing unfortunately.
 

FarmerJ

Senior Member
moving personal property in to the unit = occupancy. LLs personal problems with ex have no bearing on the units livability and dont create a get out of renting the unit card. You took the unit off the market , its fair to argue you did occupy the unit by moving things in so , now the LL must find a new customer , if your states laws do not limit damage deposit funds to physical damage LL has every right to recover the cost of finding a new customer from you.
 

Hot Topic

Senior Member
The ex-husband was the landlord's problem, and you had no real evidence that he would come around causing problems for you.

You owe the money. You can hire a lawyer and lose the case and the money, or you can admit that you used poor judgement, pay the money and move on.
 

Banned_Princess

Senior Member
I agree, you are lucky the LL isn't charging you for the rent covering the 30 day notice you were supposed to give before moving out.

simply put, the LL could easily complain in court that you owe 2 months rent. because you moved in (one month) and the next month is for the notice period.
 

justalayman

Senior Member
chriscg;2935795]I gave her (the landlord) the refundable deposit on 10/15/11 and moved some of my stuff in on 10/24/11 for 12 hours before changing my mind and leaving.
whoops!! That sure changes the situation. The deposit was refundable (most likely for a limited amount of time) if you did not rent the place. You entered into a rental agreement so the deposit them became (at least part of) your security deposit. Since you did not give adequate notice to terminate your rental agreement, you forfeit the deposit as damages.
 

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