Refund

[tonja_hunter]

I Live In Texas And Viewed An Apartment I Had Seen In The Sunday Paper. I Was Told The One That I Was Viewing Used To Be The Office And The One That Would Be Empty Would Not Be Available Until Oct. 1. I Liked The One Viewed And Asked About Renting That One And Was Told That Someone Else Had Put Down A Depoist But The Landlord Had Never Heard Back From The Lady . So I Told Her Ok I Really Liked That One And Would Be Getting Back To Her And The Landlord Stated That If The Lady Never Returns I Can Get That One If I Put Down A Depoisit. I Really Liked The Apartment So I Said Ok And Put Down 400.00 On The Apartment. I Wrote Up A Small Stament That I Was Giving Her A 400.00 Depoisit For The Apartment But Never Filled Out An Application Or A Lease. 2 Days Later I Had A Family Emergency And Can Not Take That Apartment Or Any For That Matter. So I Contacted Her And Stated My Situation And That I Needed My Depoisit Back. She Became Very Rude And Told Me I Lost My Depoisit Because I Am Not Geting The Apartment. I Stated I Never Sighned A Lease Or Application Or Anything That Said Non Refundable. She Told Me I Should Have Known And Hung The Phone Up In My Face. Now I Am Wondering Am I Entilted To My Refund Or Can She Keep It. I Am Thinking Of Taking Her To Small Claims Court.

 

[Gail_in_Georgia]

The argument that will be made in small claims court is was this a nonrefundable HOLDING fee or a security deposit.

From your description, it sounds like a holding fee; you gave her money to hold the rental unit for you.

They will argue that with this holding fee, they took the rental unit off the market, thus losing potential tenants that might have come along.

Your argument should be that you notified them about not being able to take the unit very quickly (from your description just two days after you presented the money) and thus any loss from them taking it off the market would be minimal. In addition, it appears you were never notified that this money would be nonrefundable.

Gail