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justajerzeegirl · Jul 9, 2007, 01:16 PM

Good afternoon, I live in NJ and I put a sizeable deposit on an apartment and now, the owner called me to tell me he has decided to not allow me to move in. I did not signed a lease this was to secure the apartment to move toward me moving in, he took the for rent signed down and instructed that he was still checking my background and once I gave him the balance I could get keys and could move in. Since I did not sign a lease there was not a time frame. He stipulated if I decided to not move into the place my security was non-refundable.

I do have receipts, he did all the necessary things a landlord/owner does I suppose and that was pull my consumer credit report, I supplied a letter from current landlord (had never heard that one before), I gave a copy of my home phone bill to prove current residency (that one was new to me too). We spoke yesterday and he told me that he would return my deposit. I was fine with that. Then he calls me to tell me something that was on my credit which I thought since you made the decision to not give me the apartment what difference does any of this make. He then told me that he was going to send my deposit in the mail... I told him that was unacceptable and I did not send him the deposit in the mail I wanted it from him in my hand. What are my rights as someone that never moved into the vacant apartment?

Emland · Jul 9, 2007, 01:24 PM

In VA, there is no stipulation about how the money is returned (i.e. mail or hand delivery)it all seems a bit much, but I am not familiar with NJ. I will caution you to watch your credit report closely - you gave that person a whole lot of personal information.

NowWhat · Jul 9, 2007, 01:28 PM

Did you offer to come and pick up the money? If not, mail would really be the only way that a landlord would get your money back to you. I would not imagine that he would make a trip to deliver the money.

As said above, you gave a lot of information. So watch your report.

justajerzeegirl · Jul 9, 2007, 01:47 PM

Yes, I did offer for him to meet me... we only live 10-15 minutes apart. The thing is if he does not send it certified or express mail how will I know if he actually sent it out? That was my reasoning for wanted to get it from him personally. Who really trust someone when they say " it's in the mail".

NowWhat · Jul 9, 2007, 01:53 PM

True. Did he reject your offer to meet him? If so, I would request that he does, indeed, send it certified or insured at least. Was it a sizeable amount? Like first and last months rent?

justajerzeegirl · Jul 9, 2007, 02:45 PM

Yes, he did decline my offer to meet with me. Saying that he wanted to mail my deposit so he would not hold onto it until the weekend that would be the only time he could meet me. I did request that he send it express, he claimed that I would have it tomorrow. The amount was $2170, total the amout was 1 months rent and 1 and 1/2 security that is all that can be asked in the state of new jersey. I did not sign a lease the only thing I submitted to was the rental application. He did not tell me it was a fee for the application process and there is nothing indicated on my receipts saying such. I told him that I did not want a personal check from him, my receipt says my deposit was cash. I would not take a personal check from a friend let alone a person I was planning on renting from and we have not developed a business relationship.

NowWhat · Jul 9, 2007, 02:48 PM

That is a lot of money to come in regular mail. Is he giving you 100% of what you gave him? At first, I thought he was - but now I am not sure by what you just wrote.

Emland · Jul 10, 2007, 11:01 AM

Tell him he has 24 hours to produce certified funds or you will file charges of grand theft. He has had ample time to return your deposit.

justajerzeegirl · Jul 10, 2007, 11:35 AM

[COLOR="DarkRed"]Thank you, we think alike. I called him yesterday after leaving a message earlier, he did not return my call., so once I left work I called him close to 7pm. Upon speaking to him I told him that I wanted my money in certified funds, preferred cashiers check (ie I do not want a personal check) and I was givining him until mid-week since he says he was mailing it to me and if I did not receive my funds at this time I would escalate the matter.

He told me he was returning my money. So if on Wednesday during my lunch I will go home to check my mail if it is not there I will file charges.: