Didn't sign a lease but signed a "welcome letter" (real estate, 2014)

[thegreat45]

Good evening. I hope all is well with you. I have a situation where I am not getting my security deposit back and need advice. I was looking at several places in early June to move in august. I got approved for a place that asked for a $99 application fee, $250 administration fee, and $500 security deposit. The move in date was for august 2, 2014 for a 2 bed 2bath apt 1. I was given a welcome letter with a check list to complete before moving in along with the price of rent to sign. A few days later I asked to get a 3 bed 2 bath apt2. They said they will get me a new welcome letter showing the change in rent but gave me paperwork showing the change from apt 1 move in 8/2/14 to apt 2 July 16. I told them that's to early I need July 29 they said no problem and will have a letter printed out later. I was approved for a home to purchase. I told the place I won't be moving in and wanted to thank them they understood and I asked when I would get my security deposit back. They said its not refundable because the welcome letter states its non refundable after 72 hours. They also said they took the apartment off the list. I told them they still had another 3 of the same available it want the last available. I was told the property manager will be in on Monday I could speak to her then. Can they keep my deposit?

[TheMartianChick]

If the letter said that the deposit is not refundable after 72 hours, then it probably isn't. I know that isn't what you wanted to hear. Did you retain a copy of the letter? Did you check the verbiage?

[Occifer]

They can definitely try to keep your deposit. If you want to try to get your money back you may have to take them to court. A rental agreement can be verbal as well as written, so just because you didn't sign a rental agreement doesn't mean that you are automatically allowed to get the deposit back. The statutes give a landlord the right to collect a security deposit, so nothing wrong was done there. Your only argument would be if you weren't specifically notified that the deposit was non-refundable if not cancelled within 72 hours. Sometimes that can be hard to prove, but I would imagine that one of the many forms you filled out and signed during your application probably notified you of the disposition of the deposit.

That said, if the landlord doesn't have anything in writing that you signed the manager might be willing to give you back your deposit if you tell her that you'll take them to court.

[thegreat45]

In terms of the verbiage the sentence says security deposit is non refundable after 72 hours. Thats all it says. On another paper it says security deposit due at move in so can I use that angle and say that the sentence is vague and that the deposit is not due until move in so technically I have 72 from then?

[Meezermom]

Make an appointment with a real estate attorney to get clarification on the return of your deposit.