Am I entited to my deposit back from a rental house that I never signed a lease or moved into?

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Am I entited to my deposit back from a rental house that I never signed a lease or moved into?

I looked at and put an $800 deposit down on a rental house at the beginning of August. We were scheduled to sign a lease on the house on the 24th but my fiance was laid off work on the 23rd. I called the rental company that handles the property first thing the next morning. They told me it was fine and they would “see” about getting my deposit back to me. I haven’t heard from them since. Am I entitled to my deposit back since I did not sign a lease and did not move into the rental house?

Asked on August 29, 2012 under Real Estate Law, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Under the laws of all states in this country there is no such thing as a non-refundable deposit for a rental where one has not signed a written lease nor moved into the unit. I would write the person who owns the unit a letter demanding the return of your $800 deposit by a set date. Keep a copy of the letter for future use and need. If the due date comes and goes and you have not received your $800, small claims court is your option.


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