Ask Experts Questions for FREE Help !
Ask
    Lynette34's Avatar
    Lynette34 Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Jun 2, 2012, 01:34 PM
    Landlord won't return deposit money given prior to signing lease.
    We live in Massachusetts & gave a deposit on an apartment when submitting a tenant application. We ended up being apporved butmchanged our mind about renting that apartment and called the apartment owner. He had cashed the check and now says he doesn't need to return the money. Is this legal?
    tickle's Avatar
    tickle Posts: 23,796, Reputation: 2674
    Expert
    		  
    #2

    Jun 2, 2012, 01:36 PM
    Did you actually sign a rental agreement? If so yes, if not, no not legal.
    Lynette34's Avatar
    Lynette34 Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Jun 2, 2012, 01:38 PM
    Quote Originally Posted by tickle View Post
    Did you actually sign a rental agreement? If so yes, if not, no not legal.
    . No rental agreement was signed. This was a deposit while he was checking credit and "approving" us
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
    		  
    #4

    Jun 2, 2012, 02:13 PM
    Read the paper work, normally you give a deposit to hold the apartment. and if you don't take it, since they saved it for you. They keep the money, that is how all of my agreements were, Read the application, you would have signed a application for the apartment.
    Connellyjlc's Avatar
    Connellyjlc Posts: 21, Reputation: 1
    New Member
    		  
    #5

    Jun 2, 2012, 04:54 PM
    If you signed application, read it. I am a landlord and my application does not state that, but if tenant is interested I have them sign a hold lease premises contract with deposit. That states that deposit is only refunded if I do not approve them for the apartment. If they decided they do not want apartment the deposit is forfeited. Check the application for any mention of this. Otherwise if it is not stated on the application then the landlord would have to refund you the money. You would have to take the landlord to court to do that if he does not refund.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

Is it OK to provide a deposit before signing a lease or am I taking a risk? [ 1 Answers ]

I've been notified my application was accepted to rent an apartment in California. To take it off the market, they want the full deposit today ($2000) and said they would then draw up the lease with my name and go over the terms with me and sign when we do the move-in inspection. Am I exposing...

Should I insist on signing a lease before I pay deposit? [ 1 Answers ]

I am about to rent an apartment. The owner wants rent plus deposit in cash, and the lease and keys will be provided later. I am concerned about giving so much money without some assurance that I will have a legal right to occupy the apartment. Would it be appropriate for me to insist on a signed...

Paying Deposit to hold apt without signing a lease. [ 6 Answers ]

My sister gave a landlord a deposit on an apartment to hold it for her. She has not signed a lease. She found a better deal elsewhere and asked for her deposit back. The deposit was given 2 weeks ago. When she asked for her deposit back they refused saying they haven't been able to show the...

Getting back apartment reservation deposit before signing lease [ 6 Answers ]

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...

Apartment rental - cashing deposit before signing lease? [ 3 Answers ]

I don't know if what has happened is legal or what not, but I am confused and when I go talk to them later this week I want to be able to sound informed and not... well as clueless as I am. I had applied and been approved for an apartment. We had agreed that I would be able to see the unit...

View more questions Search