Holding Deposit! Need Help ASAP (Hartford: apartment, rental, tenants)

[v.courtney16]

Hi,

I live in Hartford, WI. My boyfriend and I went to look at an apartment at 3pm and we liked it and gave the guy 300 dollars as a holding deposit that would later go as part of our first months rent. Rent would be 600 a month.


After discussion, we realized that the apartment had many problems, including the landlord refusing to paint the whole apartment, the walkway to the apartment was very smoky and i have asthma, and a yard that was not large enough to have a small dog.

So I called the landlord at 10 am the next day to back out. We didn't sign a lease or anything. He is now refusing to give us the money back. What should I do? This is my first time looking/renting an apartment. Can I take him to smalls claims court?

[reenzz]

A holding deposit is usually never refundable. Next time think before you act. Expensive lesson.

[cfbs2691]

Originally Posted by reenzz

A holding deposit is usually never refundable. Next time think before you act. Expensive lesson.

Unfortunately this is true.

[TosaJoe]

http://datcp.wi.gov/uploads/Consumer...nsinWayWEB.pdf

[v.courtney16]

"(a) When no lease agreement is made the landlord must return the full earnest money deposit to the applicant by the end of the first business day after:ï The applicant withdraws their application before the landlord accepts or rejects it. (In cases
where disputes arise regarding whether the tenant withdrew the application before the landlord accepted it, courts will
analyze the material facts of the case. The department encourages landlords and tenants to keep good records
of any documents or notices they sent to the other party, especially documents that show the postmark date.)"
He did not disclose the amount of money for utilities. And the apartment would not have been ready for another week, so i didn't cost him any other rent lost. So According to this shouldn't i be able to get the money back.

[ranger17]

perhaps try contacting the Tenant Resource Center

[timberline742]

Originally Posted by ranger17

perhaps try contacting the Tenant Resource Center

Do this. Call now.

Tenant Resource Center

[Sussex Cover]

Pretend you are someone else looking at the apartment, and then show up and demand your money back!

[reenzz]

I've looked at Wisconsin state laws (Wisconsin Administrative Code chapter ATCP 134). Here's what they say:

Earnest Money Deposits

A landlord may demand an “earnest money” deposit in return for considering a rental

application or holding a dwelling unit for a prospective tenant. Before accepting an

“earnest money” deposit, the landlord must identify the specific dwelling unit being

“held.”


A landlord must refund an earnest money deposit if any of the following occurs:

The landlord rejects the rental application.

The applicant withdraws the application before the landlord approves it.

The landlord fails to accept the application within 3 business days after accepting

the deposit, or within a longer period (not more than 21 days) agreed in writing.




Did the landlord approve you to move in?

[v.courtney16]

We never filled out an application