QUESTION

I put a deposit on an apartment and decided next day I didnt want apartment can landlord keep my deposit?

Asked on Mar 11th, 2012 on Real Estate - Pennsylvania
More details to this question:
This is in Middletown,PA it was less then 24hours since giving landlord deposit to when we told him we changed our minds.The landlord never took apartment ad off craigslist and we never signed a lease.But landlord is saying he is keeping half of our deposit for his time is that legal?
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2 ANSWERS

Financial Markets and Services Attorney serving Blue Bell, PA at Max L. Lieberman & Associates A Professional Corporation
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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

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Harper Dimmerman
With no signed lease, I would demand the money back.  How long was the lease supposed to run?  This is a tricky one but if you changed your mind that quickly, I think you have a stronger argument.   You can go to small claims for the deposit.  
Answered on Mar 12th, 2012 at 12:15 PM

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