[jvd357]

My daughter left a $500 deposit on an apartment on Monday, April 16, 2012. Today is April 19, 2012. She has not signed a lease. The apartment is not ready and will not be ready for a couple weeks due to renovations. She has a tentative move in date of May 1, 2012. She has decided not to rent at that property. Is she entitled to a refund of her $500 "hold" deposit? We are in Central New Jersey.

[JudyKayTee]

What is the wording on the document related to the "hold" deposit? Is there to be a lease before she moves in? Is this month to month? IF the landlord has lost rental income - other people were interested in the apartment but were denied because the landlord had rented it to your daughter - the landlord is entitled to be compensated for that loss.

On the other hand - if the agreement calls for a May 1 occupancy and the apartment is not ready the landlord is in default and your daughter gets her deposit back.

[jvd357]

The leasing agent did not give her a copy of the "hold" agreement. She indicated that my daughter had 72 hours to cancel. There is going to be a lease but it has yet to be presented to or signed by my daughter. My daughter plans on dropping off a letter today to cancel.
BTW. Thank you for your help.

[JudyKayTee]

The leasing agent did not give her a copy of the "hold" agreement. She indicated that my daughter had 72 hours to cancel. There is going to be a lease but it has yet to be presented to or signed by my daughter. My daughter plans on dropping off a letter today to cancel.
BTW. Thank you for your help.

Make SURE she gets there within the 72 hours. If there's a problem, come back and let us know.

Sounds like it's under control at this point.

[jvd357]

Thank you, Judy!

[jvd357]

Is the a best way to word the letter we are going to drop off to the leasing agent?

[excon]

Is the a best way to word the letter we are going to drop off to the leasing agent?

Hello j:

Dear Agent:

Pursuant to the 72 hour notice to cancel, I hereby cancel. Please send my deposit back within 72 hours.

Signed,

"tenant"

Drop off a copy, and MAIL a CERTIFIED copy, return receipt requested.

excon

[AK lawyer]

Hello j:

Dear Agent:

Pursuant to the 72 hour notice to cancel, I hereby cancel. Please send my deposit back within 72 hours.

Signed,

"tenant"

Drop off a copy, and MAIL a CERTIFIED copy, return receipt requested.

excon

Of course the time you give the landlord for returning the deposit is your choice - doesn't have to be 72 hours. Whatever you think is a reasonable time.

The certified copy isn't going to reach LL today. So it's unclear what function it would serve. Better to get the LL to sign and date a receipt.

[excon]

So it's unclear what function it would serve.

Hello again, lawyer:

It's true. The function of THIS letter is NOT informational. It's purely tactical.

excon

[Fr_Chuck]

I will say it does not matter what the "lady" said. What matter is what is in the written deposit paper work, Seldom do they give the money back, So the 72 hour notice has to be in writing in the paper work.

And 72 hours would be sometime today, at or before the time she signed the paper work

[AK lawyer]

...
It's true. The function of THIS letter is NOT informational. It's purely tactical.
...

It wouldn't be admissible evidence. But yes, I agree. It's to show the LL that you are dead serious.

[excon]

It wouldn't be admissible evidence. But yes, I agree. It's to show the LL that you are dead serious.

Hello again, lawyer:

I don't see why it wouldn't. If the deposit ISN'T returned, and the WRITTEN agreement (if there is one) requires WRITTEN notice to cancel, and the landlord says in court that he didn't receive WRITTEN notice, the OP would HAVE evidence to the contrary. Under those circumstances, it certainly WOULD be admissible.

excon

[JudyKayTee]

I would go more along the lines of, "Pursuant to our agreement, this letter is my notice to you within the 72 hour framework that I will not be renting the apartment as of May 1, 2012. I am able to pick up my "hold" refund at your convenience. Would Saturday at 11AM be convenient for you?"

And see what comes back.

The less legal sounding, the less confrontational, the better.

And, yes, I'd bring a second copy of the letter and ask the landlord to date and sign it.

[AK lawyer]

Hello again, lawyer:

I don't see why it wouldn't. If the deposit ISN'T returned, and the WRITTEN agreement (if there is one) requires WRITTEN notice to cancel, and the landlord says in court that he didn't receive WRITTEN notice, the OP would HAVE evidence to the contrary. Under those circumstances, it certainly WOULD be admissible.

excon

Because it wouldn't prove that LL received written notice within 72 hours. The 72 hours expires some time today. A certified mailing mailed today will not reach LL today.

[excon]

Because it wouldn't prove that LL received written notice within 72 hours.

Hello again, lawyer:

Ok, but I ain't going to give you a tip.

excon

PS> (edited) However, upon further thought, if the certified letter were written properly, wherein it says that it's just a COPY of the letter that was hand delivered to the plaintiff on such and such a date, I believe it WOULD be accepted as proof.

excon

[AK lawyer]

Hello again, lawyer:

Ok, but I ain't gonna give you a tip.

excon

PS> (edited) However, upon further thought, if the certified letter were written properly, wherein it says that it's just a COPY of the letter that was hand delivered to the plaintiff on such and such a date, I believe it WOULD be accepted as proof.

excon

:) I didn't expect a tip from you anyway. :)

Google "best evidence rule". A letter which recites that the other copy was delivered properly is not the best evidence of that assertion. Testimony from the OP would serve that function better.