[Estrada156776]

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.

[ScottGem]

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.

[AK lawyer]

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?