[cosmo86]

Help! I recently filled out an application to live in an apartment complex with another roommate. One of the leasing agents told my roommate and I that if we would come fill out an application and turn in a security deposit, we could move up the waiting list. We did just this. Later on in the week, I called back to see if anything had become available, one of the leasing agents said he thought one had become open. (This was right after the people that currently lived there had to renew/decline to resign a lease). The availability of an apartment was up in there air.
Due to circumstances that were uncontrollable, the two of us are unable to live together anymore... so we informed them we would not be living there. Since paperwork was not completed, and no lease was signed, we wanted to back out. We never received notification of any type of "approval"... they just cashed our checks a few days after we filled out the application. When my potential roommate consulted with them, they realized that in fact did not have all the paperwork. I think they have agreed to refund her money, but are making a stink about refunding mine. We both have to have guarantor forms filled out... I returned mine, but she didn't. Therefore, both parties' to the lease paperwork was not complete. We also did NOT sign a lease. On the application (that we did not receive a copy of) is a statement stating that 72 hours after notification of approval, the security deposit can be forfeited. The apartment complex is refusing to return my money. :mad: Do we have grounds to sue in small claims court? Thanks!

[Fr_Chuck]

First you have to read a copy of all the paper work you signed.

I know you did not get a copy ( real big mistake)

In a lot of rentals, if you pay a deposit before actually renting, it is considered a retainer to hold your apartment, so often if you back out and don't take the rental, they get to keep the money.

I am not saying this is your case, but you need to read the contract and see what it says.