What to do if we put a $100 deposit on an apartment but have not signed a lease and no longer want the apartment?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if we put a $100 deposit on an apartment but have not signed a lease and no longer want the apartment?
The company said it’s not refundable after 72 hours. Can they keep the money legally if we don’t sign a lease?
Asked on December 12, 2012 under Real Estate Law, Kansas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, the landlord can keep the money. The entire point of a deposit like this is to guaranty performance (e.g. going ahead with the rental), and if the tenant fails to rent, the landlord may keep the deposit as its "damages."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.