Apartment in Cali (best, place, move, speaking)

[chimpoy23]

Hi,
I saw an apartment that my bf and i liked which was unit 314. However, the landlord called me and said that unit 314 is no longer available because a current tenant made a deposit before we can apply and they have seniority. However, unit 327 same floor plan and concept as 314, is going to be available because the tenant for 327 has given their 30 days notice. The landlord said to apply right away. We applied that night and we got approved the next day.The day that we got approved, the landlord said, "come and see unit 327 so that you can get an idea of the set up. It is a little bit different from what I showed you but not too different from 314". BUT, she said in order for me to see this apartment, I will need to have a deposit. I told her, "can i see the unit first, and give the deposit the next day." She then said, "no, you know that the current tenants have seniority and just like the other unit i showed you, the current tenant gave me the deposit right after you left, and i don't want you guys to miss out on this unit. The current tenant for 327 will be leaving on October 6, but i can show you the unit because current tenant said we can go and see it while they are packing just for you to get an idea." So, I went to see it with my best friend since my boyfriend was working and we wanted this unit. The unit was the same as the other unit she showed us before. So i didn't think there would be any problem. I gave her the cashiers check and she gave me a receipt. I went home. Then, she called me that same day and said come back to the office. Luckily, the apartment is close by to where I currently live about 5 min away by car. So I went to see the landlord that same day. She said that the current tenant for 327 will not be leaving until October 8 because of the husband or boyfriend is taking his PhD exam. So the apartment will not be technically available and can be moved in until October 13. The landlord said it does not take them long to change the granite, the carpet, paint the apartment etc. So I said ok. I asked her if there was anything else she can tell me that might be wrong or stopping us from moving in. She said "no". I went home and I started to think and could not sleep the entire night that something was wrong with this picture. She started changing her story about the unit 327 leaving date, then she said it only takes them 2 days or so to get the place ready, and she wanted me to make a deposit just to see the unit. I stayed up all night and the next morning, I was not feeling good about the place. I looked back and started noticing how small the bedroom was. So, to confirm the size, i asked her how big is the bedroom and the loft. She said, "only a queen size bed will fit in the downstairs bedroom aka master bedroom, and a twin bed on the loft." Then, I asked her, Can i see unit 314 again and measure the size of the bedroom. She said "no, because it is slightly different." After we ended the call, that is when my doubts were confirm, she is being very wishy washy all of a sudden that she got my deposit. After an hour speaking to my boyfriend we decided that we were not going to take the unit because 1) even though the floorplan for 327 is supposedly the same as 314 (the one we saw), she then said it is slighty different in size. 2) I did not want to disregard my gut feeling because there was something really off that I could not point my finger. 3) She kept changing her story. So i called her, texted her, and emailed her that we are not taking the unit and I wanted my deposit back. She called me and left me a message to call her. But i did not want to do that, so i texted her if i can get my deposit, she said yes but not until next tues because she processed the check. I hope that she will not hold or take anything out of that deposit because 1) the unit is not even livable yet 2) its is not vacant yet 3) it is not being advertised yet. So my dilemma is that, is there a reason for her not to give it back or that she will not refund the full amount.