Can a landlord hold deposit if I chose not to move in and never signed lease?

[virgode]

So, they are a month behind there actual completion date. I'm not understanding or seeing how you incurred any debt from the delay and your excuse for backing out.

There agreement to refund half of the deposit seems fair.

As far as the light fixture purchase, it was of your choice. Return it for a refund or advertise it on ebay or local classified.

Originally Posted by SandsOfSan

Just finished speaking to LL. Gave LL deposit about 2 months ago because they told me they would have a room ready by the beginning of the next month (arrangement was made through a relative who is friends with LL so no papers beyond a handwritten receipt for deposit were drawn up. They were in the middle of renovating the apartment and needed a month to finish work) Never signed a lease or even an application. Since then I have decided to not take the apartment due to the fact that they took a bit longer than expected to complete the renovations and as well I have fallen into a bit of debt. My gf spoke to the LL (bad move ) and they told her that in most cases they would keep the ENTIRE deposit because that is what a deposit is for, ensuring they get some money cases such as this where a soon-to-be tenant backs out AND in the case that we were to leave the apartment in shambles. They have agreed to refund us HALF of our deposit because we are friends of friends. My gf agreed to the arrangement without my knowledge. Can they do this? It was my understanding that the deposit was only given in the case that we damaged the apartment but we NEVER MOVED IN. We even paid for a special light fixture that my gf wanted for the bathroom. If this isnt legal what should we do now?

[Nu Jerzee]

I'm in NJ I gave a Land Lord $500 deposit to hold an apartment on saturday 2 days later i decided i didn't want to move in. Now the landlord is trying to keep my deposit. My question is can he legally keep my deposit? Or would i have to go to court to get my deposit returned? or should i call the police?

[Emeraldmaiden]

Originally Posted by Nu Jerzee

I'm in NJ I gave a Land Lord $500 deposit to hold an apartment on saturday 2 days later i decided i didn't want to move in. Now the landlord is trying to keep my deposit. My question is can he legally keep my deposit? Or would i have to go to court to get my deposit returned? or should i call the police?

I found a couple of resources for you -

LSNJ.org:

LSNJLAW - I Rent My Home

The New Jersey Law Network:

New Jersey Law Network ~ Property and Real Estate Law

Did you sign a lease, or did you just fill out an application? If you got anything in writing, read it to see what the terms are for holding deposits. In New Jersey, verbal agreements are valid as well as written agreements. However, since you canceled your agreement within 3 business days, you may be able to get your money back via that route. If it was classified as a security deposit, the landlord must return it to you if you do not have a lease yet.

I suggest you call someone in NJ - there are numbers on those websites. Advice may not be free, but it will likely be a lot cheaper than $500. Good luck.

[jgdubose]

I paid $700 deposit and the landlord had given me the keys but i have not yet moved in. She has given me the lease but i neither of us had signed it. Can I get my deposit back if i choose not to move in. I live in NC.

[STT Resident]

Originally Posted by jgdubose

I paid $700 deposit and the landlord had given me the keys but i have not yet moved in. She has given me the lease but i neither of us had signed it. Can I get my deposit back if i choose not to move in. I live in NC.

You may not have signed the lease but you took possession of the keys so in my opinion you're legally liable for at least one month's rent as a month to month tenant. What was the "deposit" you gave - a holding deposit, refundable or non refundable, security deposit, first month's rent? Whatever it was it's likely close to a month's rent. You might want to read your state landlord tenant laws (linked in the first sticky on this forum).

[wireyourworld]

I take a deposit but I also have an actual form that everyone signs detailing what the deposit is, what its meant for at the time given (holding) and what it turns into upon move in or not moving in (with the expected date of course), and if not moving in, who's fault is it, mine or theirs, and the handling of the deposit depending on who's fault it is.