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    in_a_bind's Avatar
    in_a_bind Posts: 2, Reputation: 1
    New Member

    Aug 25, 2006, 11:33 AM
    Paid security deposit did not sign lease
    I need to get accurate advice on my rights. I applied for an apartment and was accepted. The complex has a waiting list and I have had to wait for 2 months for the apartment to open up. I was required to give a $480 security deposit on receipt of the approval letter and have not yet signed the lease. The apartment manager also refuses to tell me the rent amount until I sign the lease, the excuse being that this is a government aided complex. In light of recent events and my personal safety I have decided not to rent the apartment. I recently found out the apartment manager goes into units and steals from the tenants. I called the office and she refused me my deposit back stating that I voided the contract and it is non refundable. I called the corporate office and basically received the same reaction. I then called the C.E.O. and have not had my call returned yet. I am very unhappy and need my deposit back to put it down on a new apartment, is there anything I can do?
    mr.yet's Avatar
    mr.yet Posts: 1,725, Reputation: 176
    Ultra Member

    Aug 25, 2006, 11:37 AM
    What state do you live in??
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    Aug 25, 2006, 11:58 AM
    Rental laws vary by state, also what did the contract say about the deposit?
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member

    Aug 25, 2006, 01:41 PM
    You signed your deposit away... it may ULTIMATELY have been going to be credited to your security deposit; however, given as you have outlined, it is a "holding deposit" pending the ultimate paperwork... you have lost your deposit.

    This is VERY COMMON with government funded/insured properties as time is of the essence when applicants need to get their financial/qualification paperwork in to the office or loose their place in the "waiting line"... the deposit is mgmt's guarantee that you will follow through with your paperwork requirements so that they are not left with vacant/non-revenue generating units.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    Aug 25, 2006, 03:50 PM
    Hello in:

    Does the rental application refer to the depost you were required to give? Do you have ANY agreement that mentions the deposit. Were you verbally advised to submit a deposit? What does the receipt say?

    Assuming that you have NO documentation regarding the deposit, I suggest that you CAN get it back. They just can't ask for, and keep deposits that are not agreed to. I think you should sue them.

    in_a_bind's Avatar
    in_a_bind Posts: 2, Reputation: 1
    New Member

    Aug 26, 2006, 06:07 AM
    I live in Volusia County, Florida. The preliminary acceptance letter stated the deposit must be given within 7 days of receiving the letter. I signed a lot of paperwork, of that I was not given any copies. I think all of the papers were only income vertification. I was in a bad car accident so that is the only reason I entertained living in a rent controlled apartment. A tenant told me the apt mgr will go in and steal the elderly and disabled tenants medication and the mgr made the mistake of validating what I was told as I know her personally.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member

    Aug 26, 2006, 02:26 PM
    I think you are mixing up the types of apts. I don't think Florida has any rent controlled areas. Government subsidized (either through lower rents/tax credits or straight out subsidy) would need income verification.

    If you knew of the manager's history with "stealing" why did you apply there and give her any $$$?
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
    Uber Member

    Aug 30, 2006, 03:13 PM
    Well, you never signed a lease so you couldn't have "voided the contract." Go to small claims court and sue them for the $480 plus filing fees (probably in the neighborhood of $25.)

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