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barbieisabel · Dec 24, 2010, 02:50 PM

I live in Florida, I was talking to this lady and I was going to rent a duplex unit from her, I asked her before hand about the credit requiremtns because I have bed credit and she said it was okay. I went to go see the apartment and I liked it, I gave her a deposit of $150, I spoke to her later that night and she said she had to run a credit check and that the final decision would be rested on that, I said okay but I needed a decision quickly because it was Dec12 and I had to move by the end of the month. I was going to fax her the information on Monday, she was busy and told me to call her on Tuesday. On Tuesday late in the afternoon I got an approval from another community. She still had not called me about faxing her the papers, I asked for my deposit back and she said she won't give it back because I wasted her time. Can I get the deposit back?

Fr_Chuck · Dec 24, 2010, 02:53 PM

What type of paper work was signed or agreed to,

What type of deposit ?

It sounds like you made an offer but there was never an acceptance,

And call you about faxing the papers? You fax them, does not matter if she is there or not, a fax receives day or night, why did she have to call you ?

Depending on the agreement of what the deposit was for, will make a difference and the written application statemetns

barbieisabel · Dec 24, 2010, 02:58 PM

Only verbal agreements were made, the deposit was to hold the apartment, the fax machine is tied to her house phone but she would need to connect it to receive, I called her four times on Monday and two on Tuesday.

barbieisabel · Dec 24, 2010, 02:59 PM

No documents were signed and I do have someone present when I hgave her the deposit to hold the unit, nothing was mentioned then either about the credit application.

Fr_Chuck · Dec 24, 2010, 03:03 PM

Please don't use the comment feature to give answers, answer your own post with the answer button.

If a deposit is given to HOLD an apartment, then you have agreed to take it and the money is given for them to keep if you back out, ( if they have to just give it back there is no reason for a deposit to be sure you will take it or they will have the money to pay them for their trouble)

So when you give money to someone to hold something for you, then they keep the money if you don't take it.