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  1. #1

    Default No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving In

    My question involves landlord-tenant law in the State of: PA

    We did apply for one apartment and paid one month security deposit($1070) 2 months ago(somewhere in 3rd or 4th week of June) but we didnt sign any lease. We paid for couple of other things also. Like Application fee, Township Fee and Inspection Fee. On July 22nd weekend, we decided to move to another place that we liked more. We informed the leasing office on July 23rd,Monday. Our move-in date was Aug 17th. Since then, they have been very reluctant and have been dragging and are not saying anything regd refunding the deposit. My husband has been visiting the property leasing office every week, but they are not giving us any information if they have found any other tenants for that apartment and regd whats the status of our refund.

    Now we are scared that they will impose more fee on us since we didnt move in. Should we take any bold steps now?
    are we entitlted to refund of the deposit since we didnt sign the lease and didnt move-in.

    Should we seek any legal help.

    Pls Help !!!!

  2. #2
    Join Date
    Jul 2012
    Posts
    100

    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Section 250.512. Recovery of improperly held escrow funds

    (a) Every landlord shall within thirty days of termination of a lease or upon surrender and acceptance of the leasehold premises, whichever first occurs, provide a tenant with a written list of any damages to the leasehold premises for which the landlord claims the tenant is liable. Delivery of the list shall be accompanied by payment of the difference between any sum deposited in escrow, including any unpaid interest thereon, for the payment of damages to the leasehold premises and the actual amount of damages to the leasehold premises caused by the tenant. Nothing in this section shall preclude the landlord from refusing to return the escrow fund, including any unpaid interest thereon, for nonpayment of rent or for the breach of any other condition in the lease by the tenant.
    My interpretation of this is that they cannot hold your deposit permanently. They have 30 days to give you a list of damages to the property that your deposit will have to pay to repair. Since you didn't even move in, I'm assuming you caused no damages to the property. If that's correct, there shouldn't be anything on the list, and your full deposit should accompany it.

  3. #3

    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Here are more details:

    We submitted the application around May 23rd.

    On July 23rd when we informed them about our plans to not move in, the lady there did pretend as if she was going to return our whole money and she asked us to wait for some time until she finds some other tenant, but later after 10 days or so, we found out that she was no more working for the management or for the apartment leasing office. Later when we contacted the new lady who took incharge, she told us to contact the corporate office. We have been trying to reach them, but everytime me and my husband calls, the operator lifts the call and says that the concerned whom we want to talk, is out for property inspection. We are not even able to get hold of her once also.


    Can you pls let me know from where did u get this information. I will try to find out more.

    I know we should get our money back. But we want to go in the right direction. Should I seek legal advice or should I hand over my case to BBB.

    Pls Advice. Thank you so much for your response.

  4. #4
    Join Date
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    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Quote Quoting lawaholic
    View Post
    My interpretation of this is that they cannot hold your deposit permanently.
    Your interpretation of what? Your navel lint?
    Quote Quoting panutulashilpa
    View Post
    We did apply for one apartment and paid one month security deposit($1070) 2 months ago(somewhere in 3rd or 4th week of June) but we didnt sign any lease.
    If you were renting for a term of less than three years, or were renting on a month-to-month basis, in your state it is possible to enter into a binding lease without a signed writing. So the question is, did you actually enter into a binding agreement to rent, or was this a situation where you paid certain deposits pending your formal acceptance as a tenant by the landlord such that the rental remained contingent? If it's the former the landlord may be able to claim some rent, the amount depending upon the details.
    Quote Quoting panutulashilpa
    We paid for couple of other things also. Like Application fee, Township Fee and Inspection Fee.
    But were you approved and accepted as a tenant?
    Quote Quoting panutulashilpa
    Should we take any bold steps now?
    If a month goes by and you don't have a resolution, consider small claims court.

  5. #5

    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Quote Quoting Mr. Knowitall
    View Post
    Your interpretation of what? Your navel lint?

    If you were renting for a term of less than three years, or were renting on a month-to-month basis, in your state it is possible to enter into a binding lease without a signed writing. So the question is, did you actually enter into a binding agreement to rent, or was this a situation where you paid certain deposits pending your formal acceptance as a tenant by the landlord such that the rental remained contingent? If it's the former the landlord may be able to claim some rent, the amount depending upon the details.

    But were you approved and accepted as a tenant?

    If a month goes by and you don't have a resolution, consider small claims court.

    Hi,

    Thank you so much for your response.

    We did apply for 6 month lease.
    We had just paid the deposit and some other fees(Application Fee, Inspection Fee, Township Fee) and never entered into binding agreement, like a lease.
    As I mentioned, we submitted our application and it was approved and but we did not sign any lease.
    Do you think BBB would help, or do we need to go to small claims court.

  6. #6
    Join Date
    Sep 2005
    Location
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    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Tell us about the application - signed and in writing? What does it say?

    The BBB doesn't provide direct help. They take complaints and responses to complaints. Further, you aren't even sure that you have a problem - you may be getting a refund.

  7. #7

    Default Re: No Lease Signed, Do You Get a Deposit Back if You Change Your Mind About Moving I

    Quote Quoting Mr. Knowitall
    View Post
    Tell us about the application - signed and in writing? What does it say?

    The BBB doesn't provide direct help. They take complaints and responses to complaints. Further, you aren't even sure that you have a problem - you may be getting a refund.

    Hi,

    I dont have a copy of the application we submitted. But as far as me and my husband remember, it was general information like a regular rental application, asking information like

    name, ssn, contact details, previous places where we lived, employer details,

    i will add if i remember anything else.

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