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kimmie2011 · Apr 6, 2011, 05:48 PM

I have put a deposit down on a apartment in Feb. This apartment is not to be available until May 2011. There was never a lease signed or anything but was told that we do not give refund. If there is no lease signed and they have enough time to rent the apartment out, could they keep my money?

smoothy · Apr 6, 2011, 05:51 PM

So... you give people money with nothing at all in writing?

WHY? You NEVER, EVER give people money without SOMETHING in writing. At this point you would have to be able to prove you even gave them money.

kimmie2011 · Apr 6, 2011, 05:58 PM

Well I do have copies of the money orders but no agreement of lease.

smoothy · Apr 6, 2011, 06:06 PM

Without a lease to prove what it was for... they can claim it was for a gift or anything else and make you have to spend money to sue for it.

Seriously... never give anyone anything until there are papers ready to sign. You will eventually come across dishonest people that will take advantage of you.

Without papers to prove it was actually a refundable deposit... all they have to say was it was a non-refundable deposit. And Most deposits are non-refundable except in very specific circumstances, specified in writing. That's the reason for a deposit... to hold you to a commitment, or you forfeit something of value.

excon · Apr 6, 2011, 06:39 PM

Originally Posted by kimmie2011

If there is no lease signed and they have enough time to rent the apartment out, could they keep my money?

Hello k:

Having enough TIME to rent it, isn't the issue. It's whether they TRY to rent it and can't. If they TRY but it doesn't rent, even if there is time, they can keep your deposit... That is, of course, if it was YOU who cancelled, and not the landlord.

excon