Making a Lease Canceled application to rent, apartment refund had guarantor on check.


New Member
I'm writing in regards to a dilemma I'm currently experiencing. Back in May I took a trip out to New Mexico with the intention of moving to the state. I toured an apartment, decided to apply, and after I was approved with a guarantor I cut them a check for $3466.64, which would've been the security deposit plus four months rent.

The lease signing was scheduled for June 15th. However, due to some life changes I decided to move to Arkansas in order to live near friends who needed help. I informed the complex that I would have to cancel (after two weeks of calling every hour to not only have nobody answer, but no-one returned my calls.) due to unforeseen changes, and requested that the money I put down in advance be mailed to my new address. I was sent a letter in the mail confirming cancellation as well as my requested address change and the refund amount, $3566.64 (the original plus application fee.)

A month down the road and i find out that my refund was not only sent to my former address, but my guarantor's name was put on the check with "and" in between. My guarantor lives over two thousand miles from me, so having them appear in the area to deposit this check is impossible. Not only that, but she didn't give them a dime. Every check was in my name only. I feel as if my funds are being withheld illegally, as I never entered into an actual lease with them.

What are my options?