Apr
23
Can I get my security deposit back if I did not sign a lease and did not sign anything with the landlord?
By
I anticipated getting an apartment in Cedar Hill, Texas (Dallas area) and put down a security deposit with the landlord. Well, my job offer fell through hence I do not need to move. The landlord is refusing to return my money, and has not stated a reason why. I have not signed a lease, and i did not sign any security deposit contracts stating it was non-refundable. The apartment was held for 60 days but I have not seen anything that would give the landlord the legal right to keep my money. Please help!
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4 Comments
March 29th, 2009 at 3:50 am
60 days…wow!!! Any judge in his right mind would see this as a holding deposit. Many time just the act of an exchange of money can imply an intention.
March 29th, 2009 at 7:37 pm
60days is a long time. But..
I don’t think they are allowed to keep it, if you did not sign a lease. I have called the WV Attorney General’s office about this before. They said that I could report them to The Attorney General’s Office and that they would send them a letter encouraging them to send the money back to me. But, I would have to take them to Magistrate Court to get it if they did not return it. Ask your local County Magistrate Court what your rights are. Be sure to have a copy of the cancelled check that they cashed. You don’t need a lawyer if it is small claims court, which is under a certain amount. Call your local County Courthouse for your local regulations. You can call your state’s Attorney General’s Office and see what they tell you to do.
March 30th, 2009 at 1:43 pm
With no contract you revert to RE law, so everyone has a basic contract.
He held the unit, the deposit is his, no refund.
April 1st, 2009 at 5:53 pm
You gave him the deposit for a reason, correct? You gave him the deposit with the intentions of moving in.
He held the apartment for you. You did not move in. He keeps the deposit.
You can file in Small Claims court, but expect to lose.