[waffle]

I made a verbal agreement to rent an apartment in Florida. Three days later, on move-in day, I changed my mind. Unfortunately, I had already handed over my deposit, for the first and last weeks and a processing fee, to the manager. She left before I changed my mind. I was then dealing with a different representative.

I never signed a lease or agreement. Their written policy says this "non-refundable deposit is due upon acceptance of a signed agreement."

The landlord says he had to move some other tenants around to accommodate me so he is refunding nothing.

If I take this to small claims court, would I have a chance? Is there any Florida real estate law that recognizes a verbal agreement?

[excon]

Hello waffle:

I'm not sure what verbal agreement you're talking about. You didn't tell us about one, other than the one to rent the apartment. But, that one isn't in dispute. If you had signed something, that wouldn't support your position either, because you say they have a written policy (where it's written, I don't know), that says the deposit is non-refundable.

Even on an ethical scale, they don't owe you any money. They took their property off the market based upon your word. YOU changed your mind and there are financial repercussions that will befall the landlord because of that. That's why a landlord makes a deposit NON refundable, to cover themselves for exactly this reason.

Therefore, in my view, you're not entitled to a dime. The courts will say the same thing.

excon

[waffle]

Thank you for your response. I appreciate seeing the situation through the eyes of others. I will just say that I felt I should get a refund because the policy (in online ad) states the deposit is due on acceptance of a lease. Since there was no acceptance of a lease, I felt they should not have taken the deposit. And, yes, my verbal acceptance of the apartment meant the landlord took it off the market. I figured that is the cost of business until there is something in writing. Again, thank you for an alternate view.

[Fr_Chuck]

Well you would not want me to be the judge or on the jury.

I would say once you paid the deposit, you were basically obligated and since you backed out they would get the deposit, that is what it is normally for.

[ScottGem]

Ahh but there WAS acceptance of the lease. Not written but the payment of money and the assignment of a move-in day.

Sorry, but you don't have a case.