Landlord Keeps Deposit On Apartment
REM # F629
By Ilyce R. Glink
Summary: A landlord does not return a deposit that was put on an apartment. Ilyce say the would-be renter made a mistake. You should only make a deposit if there's a clear statement from the landlord as to what will happen to the deposit if you don't rent the apartment.
Q: I have a close friend that gave her potential landlord $250 toward a deposit
on an apartment. She gave this money by way of a money order.
She decided to not take the apartment and the landlord opted not to give her the $250 back. She did not sign a lease or any other papers. Can she get this money back?
A: What was the explicit arrangement between the landlord and your friend?
Did she agree to pay this cash up front in order to secure the apartment? Did
they discuss what would happen to the deposit in the event she did not end up
leasing the apartment?
In the absence of any conversation about the deposit check, the landlord should
not keep the check. Your friend should stop by the rental office and drop off
a letter to the landlord asking to get the check back.
Should the landlord continue to refuse to return the check, and it has already
been deposited into their accounts, your friend should look up the landlord-tenant
laws of the state and city and see what rights she has and if there is anyone
at the state or city level who can assist her in putting some pressure on the
landlord.
Her final option would be to sue the landlord in small claims court for the
return of the cash.
Next time, she shouldn't give a landlord money until she has signed the lease
or until they spell out an agreement on what happens to the cash in case the
lease is not executed.
NOTE: This column is distributed by Real Estate Matters Syndicate, PO Box 366, Glencoe, Illinois, 60022. This column may not be resold, reprinted, resyndicated or redistributed without written permission from the publisher.
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