[garlandc]

I reside in the state of Montana. I had given my prospective landlord a deposit fee of 295.00 dollars. I have not yet signed a lease agreement and no keys to the property have been turned over to me. I had recently told the landlord I am no longer interested in the property and require my paid deposit back. He is failing to do so. I am just questioning the legality of this. Any input is much appreciated.

[ScottGem]

First, its not a good idea to piggyback your question on another thread. To avoid confusion I've moved your post to its own thread.

Do you have a receipt for the deposit? If so, Does it say what the deposit was for? Specifically does it say "refundable"? Was there an understanding that this deposit was to hold the apartment for you?

How long between when you paid the deposit did you inform the landlord you had changed your mind? Has he said why he has not returned it?

[AK lawyer]

The deposit appears to be designed to protect the landlord from a prospective tenant such as yourself who cannot make up his or her mind. If, as I understand it, that's what it was for, no. You cannot have it back. It's non-refundable if you renege on your commitment to sign a lease.