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    annoyed611's Avatar
    annoyed611 Posts: 3, Reputation: 1
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    #1

    Sep 26, 2008, 10:01 AM
    Landlord withholding deposit.
    I recently was interested in renting a two bedroom apt. The landlord informed that others were looking to also rent the apt and to quickly make a decision. So without signing a lease or any documents I gave him a deposit to hold the apt for me. Two days later my would be roommate informed me he would no longer be able to rent with me. Without a roommate I was not able to rent apt. When I explained my situation to the landlord he informed me he would not be giving the deposit back until someone else rented the apt. This was nearly a month ago and he will still not return my deposit. Is he allowed to do this?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 26, 2008, 11:10 AM

    Did he indicate the deposit was refundable? Do you know if the apartment has been rented?
    annoyed611's Avatar
    annoyed611 Posts: 3, Reputation: 1
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    #3

    Sep 26, 2008, 11:29 AM
    No, nothing was said about being refundable, and no the apartment hasn't been rented.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Sep 26, 2008, 11:40 AM

    Generally a depost to hold an apartment is non refundable. The landlord is taking the apt off the market for you. They may lose out on another tenant by doing so. So the purpose oif the deposit is to prtect the landlord if you renege.

    That they are willing to return it once the place is rented is nice of them. But since it hasn't been rented you have to wait.
    annoyed611's Avatar
    annoyed611 Posts: 3, Reputation: 1
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    #5

    Sep 26, 2008, 11:42 AM
    Hhmm. Ok this has been helpful. Thank you for your time. Have a great day!

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