Hi my name is Erik. I live in NM. I gave a deposit of 475.00 on Aug. 20, 2010 to a landlord and he promised me the apt. by Sept. 1st. He never gave me a receipt but I paid him with a check so I'm able to track it down and print an image of it from my bank. I also put rent deposit in the memo section of the check. Well 2 days before the first he calls and says he will not have it ready but he has another one that is semi ready if I wanted it. I never signed any documents or lease with this guy and found a more suitable place to live. He pre signed the lease but I never signed anything. I also have pictures of the apt which was not even ready to move in. I asked for my deposit back and now he won't give it back. Can he do that?? If someone can please help me out here.

You sue him. This will fit in small claims court. The agreement was to have a specific apt available by 9/1. When he reneged on that agreement he is required to return the deposit.

You sue him. This will fit in small claims court. The agreement was to have a specific apt available by 9/1. When he reneged on that agreement he is required to return the deposit.

I agree. Erik, what if anything does this landlord say justifying his refusal to return the money?