(urgent) question about room rent and deposit (Philadelphia: lease, house)

[ene3572]

Hello, this is my frist writing,

anyways, this is little complicated.

Please, Please help me!


I am originally from other state and needed a place to live in Philadelphia for my school year.
I did house hunting in Philadelphia, but couldn't find any place for me, so I went back to my state.
I was pretty desperate by then since september was coming, so I just found one on classified and talked to the manager.
She said she could hold the room if I pay deposit, so I sent her deposit. I was supposed to sign the lease when I got to the city.

After she got the money, she was saying this and that(which is different from what i heard first time), and most of all, move-in date was not working for me.
so, I told her to send my check back since I did not want the place.
And, she said she WOULD send the check and I gave her my address.
(and now she's saying she has sms from me that, I told her i would think about it if the move-in date could be earlier after I told her to send my check back. And, I don't remember that and I don't think so)

Two weeks later, my dad called me that he hadn't got the check yet.
So, I called her after two weeks from when I told her to send my check back, asking she sent the check. Obviously, she didn't remember, and she needed to check with co-worker.
So, I told her that I would just visit your office if you haven't sent it yet. But, she refused me giving me her address twice, saying I have to be responsible and oral and deposit money are contract even if I didn't physically sign the lease.


So, long story short.
If i gave landlord the deposit check without signing any lease agreement or physically living there, Can I get my deposit back from her? (She told me over the phone she would send me back the check. but, i don't have any proof to present that, unfortunately)

She totally forgot who I am when I called her and didn't even bother asking me how the heck I am not moving in. I think she should've called me if she thought I would be the tenant and what she said was right (that I would think about the place one more time)

(I was thinking about stopping payment or reversing the check)


Anyways,
Please help me out of here guys...
anything will be really appreciated.

Thank you for reading

[chessimprov]

Small claims court if you've tried on several occasions? Leave three messages in a week and when you've called. Make sure your check was actually cashed in.