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A couple of weeks ago I completed an application for an apartment. I DID NOT sign a lease. I paid the security deposit. The apartment will not be ready for a couple more weeks, but in the meantime, another apartment has opened that I had been also waiting for. Is it safe to say that my first security deposit at the first apartment complex is gone? I live in Louisiana.
Your state landlord tenant laws are probably linked in the first "sticky" on this forum so read the section which deals with deposits. I think you can pretty much assume that you won't have it returned. Sorry.
Probably your deposit is gone, because they took the aprtment off the market and held the apartment for you.
It is going to depend upon exactly what it says on your receipt.
My advice to tenants, in general, is do not put a deposit to hold a place that you don't really want and that you are not sure you will be moving into.
Louisiana is not very tenant-friendly. Landlords in LA are not required to mitigate damages - not required to try and find another renter asap, and only charge the tenant for rent until they find someone, etc.
If you want to read the actual legal reference, it's here:
It says you can kiss your deposit goodbye, basically. Here's a quote:
What is a deposit?
When a landlord agrees to reserve rental property, the landlord will probably ask the tenant for a “deposit.” This
transaction obligates the tenant to occupy the property on the agreed date, and obligates the landlord to have the
property fit for occupancy on the agreed date. If the tenant fails to occupy the property on the agreed date, then the
tenant could lose the deposit and may be liable for damages. If the landlord fails to fulfill his obligation, the
landlord will have to refund the deposit and may be liable for damages.
Return of Deposit - if not able to move in ( Atlanta)
I too have a similiar question, I know this i long, but it is the short version believe me.
Ok Saw a rental online, called right away. Told my husband, lets go check it out on his way to work. They say property can be seen and is available immediately and my husband is like, call them. Its close to his job, has all the things weve been looking for, even though neighbourhood was not really where we were looking. I get back to work and call them, tell them I am ready to move. There were some repairs that obviously they know or maybe not, need fixing. Like a door, window pane, floorboards. they say you have to put in application.
I put in application right away, pay the fee, as I have missed out on other propertys and asked about the repairs, will they do it, is it as is. etc?. If I do it, can rent be negotiated So application is in, I'm excited, About 3 days later, they call tell me we are approved and can come sign lease? ok,, so I say what about repairs. Leasing agent tells me she has forwarded my pics and concerns to the maintenance/vacancy dept. was told this twice., but in meantime to hold the property, I need to bring in a deposit because they can only hold for 48 hrs, so I ask again about repairs, am told, well bring in the deposit, we'll have to make sure house is safe, then sign lease. So I bring in deposit. About 2 days later the Admin Get a call, when am I coming to sign lease and I tell her my husband is dropping off the deposit an she is like, well why cant you come sign the lease and I tell her about the repairs and theLeasing agent, told me that the repairs question were forwarded.
After numerous failed transfers and Agent out of office, no one responding to email or phone calls. After 5:30 Pm I get a call. I am so sorry, why cant you sign the lease?? REALLLY....
So I ask again about repairs, and now the Admin says, well I don't think it was forwarded because new procedure is it has to go to the manager first..... but send what you sent via email to to the Agent and I will get it to mgr.. By this time, I have given my landlord notice. Cancelled my storage has to be prior to new month and brought my dogs up from another state. I wait, no one calls.
Today, I call, after being trfd which was on hold for 4 min. The admin comes on, and puts me on hold again as I needed to refresh her memory about the email I just sent last night.. Now I'm pissed, but i'm being cordial. whats the update. " I forwarded to the mgr" so know I'm like ok, let me speak to manager, plus you got my $$ Monday, but the house is still on the website and then she comes back and says, oh I'm just waiting on the keys so you can come sign the lease... HOLD UP, WAIT A MINUTE, So I say it seems the repairs question is an issue and if its an issue now, then I hate to sse whats down the road. She then says, when when last did you see the property, do you know if the repairs were made????????. Ok, so now its back to hold on, let me go speak to the manager. After being on phone for about 17 min most of it being on hold I hang up. I'm about to see what I can do to get my $ back. And after I hung up almost 2 hrs and no one has called back. Go figure... Sounds like someone running game....
I too have a similiar question, I know this i long, but it is the short version believe me.
Ok Saw a rental online, called right away. Told my husband, lets go check it out on his way to work. They say property can be seen and is available immediately and my husband is like, call them. Its close to his job, has all the things weve been looking for, even though neighbourhood was not really where we were looking. I get back to work and call them, tell them I am ready to move. There were some repairs that obviously they know or maybe not, need fixing. Like a door, window pane, floorboards. they say you have to put in application.
I put in application right away, pay the fee, as I have missed out on other propertys and asked about the repairs, will they do it, is it as is. etc?. If I do it, can rent be negotiated So application is in, I'm excited, About 3 days later, they call tell me we are approved and can come sign lease? ok,, so I say what about repairs. Leasing agent tells me she has forwarded my pics and concerns to the maintenance/vacancy dept. was told this twice., but in meantime to hold the property, I need to bring in a deposit because they can only hold for 48 hrs, so I ask again about repairs, am told, well bring in the deposit, we'll have to make sure house is safe, then sign lease. So I bring in deposit. About 2 days later the Admin Get a call, when am I coming to sign lease and I tell her my husband is dropping off the deposit an she is like, well why cant you come sign the lease and I tell her about the repairs and theLeasing agent, told me that the repairs question were forwarded.
After numerous failed transfers and Agent out of office, no one responding to email or phone calls. After 5:30 Pm I get a call. I am so sorry, why cant you sign the lease?? REALLLY....
So I ask again about repairs, and now the Admin says, well I don't think it was forwarded because new procedure is it has to go to the manager first..... but send what you sent via email to to the Agent and I will get it to mgr.. By this time, I have given my landlord notice. Cancelled my storage has to be prior to new month and brought my dogs up from another state. I wait, no one calls.
Today, I call, after being trfd which was on hold for 4 min. The admin comes on, and puts me on hold again as I needed to refresh her memory about the email I just sent last night.. Now I'm pissed, but i'm being cordial. whats the update. " I forwarded to the mgr" so know I'm like ok, let me speak to manager, plus you got my $$ Monday, but the house is still on the website and then she comes back and says, oh I'm just waiting on the keys so you can come sign the lease... HOLD UP, WAIT A MINUTE, So I say it seems the repairs question is an issue and if its an issue now, then I hate to sse whats down the road. She then says, when when last did you see the property, do you know if the repairs were made????????. Ok, so now its back to hold on, let me go speak to the manager. After being on phone for about 17 min most of it being on hold I hang up. I'm about to see what I can do to get my $ back. And after I hung up almost 2 hrs and no one has called back. Go figure... Sounds like someone running game....
Do you think I can get my deposit back?
Possibly. I would make it clear to them once again in writing that you have not signed the lease because you are still waiting for them to give you a written commitment that they will make the repairs you have requested before you move in. State that you provided them with the "Security Deposit" contingent upon their agreeing to make the repairs. State that if they are not willing to make the repairs then you are not willing to lease the property and you demand the return of your "Security Deposit". I hope you got a reciept clearly indicating that the deposit you paid was a "Security Deposit" or that you wrote that on the check.
You should read this entire handbook to understand your rights. According to the Georgia Landlord Tenant Law Handbook:
What is a security deposit and why do I have to pay it?
The security deposit protects the landlord if the tenant vacates without making required payments or damages the unit. If the tenant gives proper notice and vacates without owing any rent or damages, the landlord must return the security deposit to the tenant within thirty (30) days. Under Georgia law (O.C.G.A. §44-7-30) a security deposit is money paid by the tenant to the landlord and includes damage deposits, advance rent deposits, and pet deposits. Amounts identified in the lease as the security deposit are refundable to the tenant. The security deposit does not include nonrefundable fees, or amounts applied toward payment of rent, services, or utilities What other types of deposits may be required by the landlord?
In addition to the security deposit, the landlord may require an application fee, cleaning fee, pet deposit, advance rent deposit, or other fees. Before paying any of these deposits or fees, a tenant should get in writing what the payment is for and under what terms the payment will be refunded. Pet deposits and advance rent deposits, which are refundable under the lease, are considered part of a security deposit under the Georgia law. Application fees or deposits to hold an apartment until you actually sign a lease are not considered security deposits and are usually not refundable, should you choose not to move into the unit. You should ask if the holding deposit or application fee will be applied to your first month’s rent or security deposit if you sign a lease and move in. Always get a receipt for any deposit or fee that you pay. If the fee is refundable, ask the landlord to put this information on the receipt.
Also read this:
Quote:
What do I need to know about security deposits before I sign a lease?
Georgia law (O.C.G.A. §44-7-33) establishes an inspection procedure, the purpose of which is for the landlord and tenant to agree on the pre-occupancy condition of the rental unit. Georgia law requires that before the tenant pays a security deposit and moves into the rental unit the landlord must give the tenant a complete list of any existing damages to the unit that is signed by both the landlord and tenant. The tenant is to be given an opportunity to inspect the rental unit to determine if the list is accurate or if additional defects need to be added to the list. The tenant must sign the list or specify in writing on the list the items in dispute and then sign.
Can you change your mind now and refuse to rent the property if they agree to make the repairs, and still get your "Security Deposit" returned? It may be a difficult fight depending on what proof you have in writing that they were willing to make the repairs.
Georgia does allow Repair and Deduct in some situations:
Quote:
When I moved into my apartment, the ceiling in the bathroom had a hole in it and needed to be repaired. I have asked the landlord to repair it but he won’t. What can I do?
Defects in the unit that were obvious when the tenant inspected the unit before moving in are not the responsibility of the landlord to repair. If the damaged ceiling does not make the unit unsafe or unsanitary, the landlord is not required to repair it. If the tenant was aware of a defect at the time the lease was signed, the tenant waived the right to require the landlord to make the repair. This is why it is important for a tenant to carefully inspect the unit before signing the lease and to have the landlord put in writing any promises to make repairs. This does not apply to problems with the unit that the tenant would not be able to discover during an ordinary inspection of the unit prior to moving in.
I spoke to my landlord over a month ago about repairing a leak in the kitchen, but it still has not been done. What can a tenant do to force a landlord to make repairs?
First, you must notify the landlord of the condition needing repair. It is best to give a written dated notice informing the landlord of the problem. Keep a copy for yourself. Written notice provides evidence that the landlord was aware of the need for the repair. If it is not possible to give written notice, verbal notice is acceptable unless the lease requires written notice. Be sure the lease provision for notice is followed. If your landlord fails to make the requested repairs within a reasonable time after notice, you can either file a lawsuit against your landlord for damages caused by his failure to repair or, if your landlord sues you, counterclaim for damages due to the failure to repair. A tenant may also want to consider using repair and deduct. The tenant cannot stop paying rent even if the landlord fails to make repairs.
What is repair and deduct?
Georgia courts have held that when a landlord fails to respond to repair requests after a reasonable time, the tenant can have the required repair performed by a competent repair person at a reasonable cost and deduct the cost from future rent. In determining what is a reasonable time for the landlord to make the repair, consider the seriousness of the condition and the nature of the repair. It is a good idea to notify the landlord in writing that you plan to use the "repair and deduct" remedy before you arrange for the repair to be done. Written notice is the best notice. The tenant should keep copies of all repair receipts and ask the repair person for a statement detailing the work performed and the problem corrected. Keep copies of this information. You may subtract these repair costs from your next month’s rent by sending copies of the repair receipts along with the remaining amount of rent due to your landlord. When using “repair and deduct” the tenant must be careful and spend only a reasonable amount on the repair. The tenant should not improve the property, only repair the defect. The tenant should use only qualified and licensed workers to make the repairs. If you do not feel that "repair and deduct" will address your issue, you should consider contacting an attorney.
A couple of weeks ago I completed an application for an apartment. I DID NOT sign a lease. I paid the security deposit. The apartment will not be ready for a couple more weeks, but in the meantime, another apartment has opened that I had been also waiting for. Is it safe to say that my first security deposit at the first apartment complex is gone? I live in Louisiana.
I well I went in late April and look at this particular apartment complex. I like it and I didn't. But I need to move ASAP because I was in hostile surround and I wanted out. I apply for the apartment and 14 days later the resident manger call me. She also advised that my deposit will be $200 and $49.00 applicants fee with goes toward my deposit. I advised them I would like to moved in by May 01. No problem they said. So May roll around and still haven't moved. So I email the young lady who was handle my account and advised her I need to move by June 26 no call yet from her. Need to know can I request my deposit to be return.
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Return of Deposit - if not able to move in ( Atlanta)
request deposit
