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rk1440 · Sep 24, 2008, 04:54 PM

I am in the state of Connecticut. I have given $500 security deposit check to reserve an apartment unit but haven't yet moved in nor have I signed the lease yet. Recently I found out adverse online reviews about that apartment complex having been infested with bed bugs and management not being responsive about that. I have two very yound children (2y as well as as 4mo old) and so I am really concerned. I plan to not sign the lease.

How do I get my security deposit back? Originally I was told by the property manager that if I change my mind within 3 days of giving my check they will return it however I am past that time. The property manager has already encashed the check. What are my legal rights to get money back and how should I approach this?

Thanks for the help.

froggy7 · Sep 24, 2008, 09:23 PM

I'm not sure you can get the deposit back. You gave them the money to hold the apartment for you until you signed the lease. They did that. You have now decided that you are not going to rent the place. They are entitled to some recompense for not renting the apartment to someone else while they waited for you. So you should probably just kiss that money goodbye and go on with your life. The only thing that would change that is if there is some signed documentation that went with the deposit, saying that it would be refunded in certain circumstances, and you met one of those circumstances.

rockinmommy · Sep 25, 2008, 07:01 AM

I agree with Froggy. Although I think there may be some things you can do.

Have you tried to talk to them? I'd go in and tell them your concerns and see what they say. Is this a furnished, or non-furnished apartment? I would ask to see a copy of the lease, and ask to be allowed to inspect the unit that you are scheduled to move into. See what the lease says about extermination / bug infestations / etc. If it says they are responsible for extermination services, demand to see receipts. Inspect the unit and look for bugs. Take an independent exterminator with you if necessary.

I think you need to give them a chance to do what's right. If they do, you should have no issues. If they don't or won't, then I believe you'd have to have proof of problems that they wouldn't correct and you dould take them to small claims court to attempt to get your deposit back.

Some random, bad reviews on-line are probably not enough evidence to you to have a case.

excon · Sep 25, 2008, 07:31 AM

Hello rk:

Two things.

If you read some of the posts here, you'll find that when people want to get out of their lease, they find all sorts of things wrong with their dwellings. I guess they think if they shift the blame to the landlord, they're free to violate their agreement. When some of those people find out that their landlord actually wants to be paid, they retaliate by posting negative stuff about the complex. I don't know if that's the case here.

The next thing, is you should have done your due diligence BEFORE you made your commitment. I'll bet that review was available to you prior to your agreement, no?

In my view, you don't have a legal nor a moral right to your deposit.

Look. The BEST lessons in life have costs attached to them. THIS is a situation that I'll bet you NEVER repeat.

excon

ScottGem · Sep 25, 2008, 07:36 AM

What's key here is the true nature of the deposit. A security deposit is generally paid only when the lease is signed. I'm not sure, therefore that this is a security deposit. I think it was more a deposit to hold the apartment for you. If so, then its unlikely you would get it back.

rk1440 · Sep 25, 2008, 08:42 PM

Originally Posted by froggy7

I'm not sure you can get the deposit back. You gave them the money to hold the apartment for you until you signed the lease. They did that. You have now decided that you are not going to rent the place. They are entitled to some recompense for not renting the apartment to someone else while they waited for you. So you should probably just kiss that money goodbye and go on with your life. The only thing that would change that is if there is some signed documentation that went with the deposit, saying that it would be refunded in certain circumstances, and you met one of those circumstances.

Thank you all for your replies and useful comments. I am going to call the landlord tomorrow and see what I can get out of them. Importantly, I am not sure whether they have any legal right even if it was apartment reservation deposit. As we all know, these agreements are very one-sided and I am skeptical as to how they will stand in a small claims court. But will see.

Thanks.

froggy7 · Sep 25, 2008, 10:17 PM

Originally Posted by rk1440

Thank you all for your replies and useful comments. I am going to call the landlord tomorrow and see what I can get out of them. Importantly, I am not sure whether they have any legal right even if it was apartment reservation deposit. As we all know, these agreements are very one-sided and I am skeptical as to how they will stand in a small claims court. But will see.

Thanks.

I don't see why you think they don't have a legal right to the money. They had an apartment that they took off the market because you wanted it. They could have told you that they wouldn't hold the apartment for you and that you ran the risk of someone else renting it while you made up your mind, but they didn't. If they had to turn away renters because you had the apartment reserved, they have lost money, so your deposit is a not-unreasonable recompense. Especially if you signed something saying it was a non-refundable deposit.