Ok I really need help... heres the situation I filled out an application for a rental property and got approved... the day I put a deposit on it the lady told me it had a rotten roof and stuff had to be fixed and we couldn't move in till it was well here's the problem the property is crap but it was what we could afford now the can't let us move in on our move in date and even started lying about convos we had meanwhile I am 8 months pregnant and 2 little ones under 4 so my hubby goes and says fine we are suppose to move in on the 28th this month which won't happen they haven't even started work give us our deposit back... well come to find out on the app way before I put a deposit down stated that rent and deposit is non refunddable if we choose not to rent or move in on the day agreed well we can't move in and we just want our deposit back because if they are like this now what would happen if we were their tenants... I have called the state and consumer affairs I don't know what else to do but sue... oh and they also changed to date on our rental app to 31 which is the day we must leave where we are at now... I think this is so crazy please help we are suppose to move next week but I can't afford to live in a hotel... how can I get our money back or should we take them to court?thanks for any help offered

Of course you can get your money back if they will give it to you, have you asked them, Since they can't allow you to move in on the day agreed to, they are in breach of contract.

OF course if they say no then you will have to take them to court. Make sure you document all of this.

There are two question here. One are you entitled to your money back and Two can you get it back.

The first is easy, THEY are in breach of contract. That you aren't moving in on the move-in data is THEIR fault. Therefore you are entitled to the money back.

However, if they won't give it to you you will have to sue them. This will take some time, but you can also sue for damages. Cost of taking them to court, costs incurred because the property wasn't reeady to move in when they originally sais, etc.

They have already told us no my hubby and I have both asked and the said its nonrefundable... that they don't have to deliver possession... thanks for the help I kind of knew we would have to go to court but I was more curious if we should talk to our old landlord because looks to me as if we won't be moving and on the 31st rent is due here if we were to stay... I just don't know whether to proceed as we are moving... the attorney we talked with said be proactive but now I am not sure what that means... he wanted us to find another place but again we can't we don't have deposit money:(