Generally, a deposit would be refundable unless there was some written policy or agreement that you signed which provided that a deposit was not-refundable. If there was no written policy or agreement, the return of your deposit would be dependent on what the intention of the parties were. Did you sign anything? Was there any indication, written or otherwise, that the deposit would be refunded. If your understanding was that it was refundable and especially because it was within 24 hours of tendering deposit to hold property, most courts would order the landlord to return the money. However, if you were to sue, it is likely that the costs of even filing the lawsuit or hiring an attorney, would be more than what the deposit was. Also, an attorney could be retained to write a letter, but again, depending on how much the deposit was, it may not be worth your while.
You should consult with an attorney for more specific advice. An attorney, after considering all of the facts and circumstances, which are limited in your question, would be in a position to better advise you. Please consider this general advice and guidance based on the limited information available.
Marla D. Sones
Answered on Mar 26th, 2012 at 8:13 AM