Need to know my rights--damage deposit (lease, security deposit, credit card, fees)

[Jenh79]

I recently viewed an apt and gave a damage deposit. We have a verbal agreement that a lease will be signed. Problem is, today I spoke to someone at the building, and stuff I was previously told was taken back--such as the apt offering credit card payment online through a service, as recently as two days ago I was told this was true, when I mentioned the site today for future service, there was a pause and a comment that not to use that because of fees, I said no biggie, and was then told they don't allow use of the site anymore! It was an obvious lie, maybe not a big deal, but still. In addition to this, there has been very poor communication and almost a rudeness and I don't feel good about dealing with these people long term.

So, do I have a right to get my damage deposit back? This is a large company, if that makes a difference.

Thanks.

[tilli]

Did you get any paperwork when you handed over this deposit? What does it say? In your situation typically you would be providing not a damage deposit, but a holding deposit. If what you paid was actually a holding deposit - a deposit paid to take the unit off the market while you work out the lease details, then you would probably not get it back if you decide not to sign, only if they decided not to rent to you. If it was truly a damage deposit, you paid it at the wrong time - damage deposits are part of the move-in fees you pay when you sign a lease.

Me personally, I would rather lose a deposit than commit myself to dealing with manipulative liars who treat me rudely. If they are rude to you now, before you have even signed the lease, just imagine how rude they will be once you are on the hook.

But if the only sticking point is online payments, almost all banks can handle that for you, you don't need to use the complex's service.

[jdm2008]

Originally Posted by Jenh79

I recently viewed an apt and gave a damage deposit. We have a verbal agreement that a lease will be signed. Problem is, today I spoke to someone at the building, and stuff I was previously told was taken back--such as the apt offering credit card payment online through a service, as recently as two days ago I was told this was true, when I mentioned the site today for future service, there was a pause and a comment that not to use that because of fees, I said no biggie, and was then told they don't allow use of the site anymore! It was an obvious lie, maybe not a big deal, but still. In addition to this, there has been very poor communication and almost a rudeness and I don't feel good about dealing with these people long term.

So, do I have a right to get my damage deposit back? This is a large company, if that makes a difference.

Thanks.

If that is the only thing of significance that was "taken back" then no you don't have a right to your security deposit back.

[MrRational]

Originally Posted by Jenh79

I recently viewed an apt and gave a damage deposit.
We have a verbal agreement that a lease will be signed.

...there has been very poor communication and almost a rudeness
and I don't feel good about dealing with these people long term.

So, do I have a right to get my damage deposit back?

You certainly have a right to ask for it and **probably** to get it.

Absent the signed lease... a "damage deposit" is (should be) moot.
Did you sign anything else (like a "holding deposit" form)?
Anything that uses the term "fee"?

Bottom line though is that these particulars are subject to LOCAL law.
Follow the links at the top of the page to earn what YOUR local law is.

[Kim in FL]

Originally Posted by Jenh79

I recently viewed an apt and gave a damage deposit. We have a verbal agreement that a lease will be signed. Problem is, today I spoke to someone at the building, and stuff I was previously told was taken back--such as the apt offering credit card payment online through a service, as recently as two days ago I was told this was true, when I mentioned the site today for future service, there was a pause and a comment that not to use that because of fees, I said no biggie, and was then told they don't allow use of the site anymore! It was an obvious lie, maybe not a big deal, but still. In addition to this, there has been very poor communication and almost a rudeness and I don't feel good about dealing with these people long term.

So, do I have a right to get my damage deposit back? This is a large company, if that makes a difference.

Thanks.

all of this because you can't pay online? Use a check, money order or cashier's check. Not a big deal and NOT a deal breaker.

You didn't give a damage deposit, you gave a holding fee to hold the unit until you signed the lease. Unless of course, you have paperwork stating differently.

[Jenh79]

To the person saying it was a holding fee: no, it was a damage deposit. There is nothing that said "holding" it said "Damage Deposit". And frankly, being treated poorly my my future management IS a big deal. I am paying these people thousands and thousands of dollars. Of course I don't want to be in a bad situation if I can get out before I'm even in. And no, it was not just the online service, that was just an example of me directly being lied to. I was also told I would be getting new carpet (didn't) and that I could paint (now I can't). Those may be minimal to some, but not to me.

Thank you to those who gave me helpful answers.
Tilli, you worded that exactly how I feel, I don't want to be treated rudely and lied to.
Mrrational, I will check some local laws. Thankfully, I didn't have any holding deposit, so that's good. Hopefully I can get this back. thanks for the help.