My question involves landlord-tenant law in the State of: Ohio
Hello,
I want to start this by saying I know that the fee I am asking about is small and I am more concerned with whether or not I am right in thinking that the landlord is incorrect in their actions.
I went and viewed an apartment over a week ago and liked what I saw. I returned 6 days ago and paid for the application and for a "security deposit". Along with the application, I signed a "move in reservation" form where the $99.00 fee that I paid was written in the "security deposit" section of the form and not the "holding fee" section. I was sent the leasing information via email and asked to review it and then sign it electronically or show up in person and sign it. I looked at the lease I was sent and the address was a completely different address than the complex I viewed. I viewed a 2 BR apartment in a complex along the road, but the apartment they had assigned for me was part of a duplex far back behind the actual complex I viewed and down some roads. It's not at all like the apartment I viewed. As a result, I did not sign the lease. I wanted to view the new one in person, but in the meantime another complex called me and let me know of an opening they have. I signed with them (knowing more about them and their reputation) and plan on moving in there.
I emailed the first apartment complex and told them today that I would not be moving into their apartment. They told me that that was fine, but that the $99.00 "will be forfeited because you were fully accepted, and are cancelling". I understand this would be normal procedure if the money I had put down were labeled as a "holding fee", however, it was not. As I stated, on the move-in reservation, it was clearly written in the "security deposit" section (with an acknowledgement that they received it from me) and not in the "holding fee" section. If I were to take this to small claims court, would I stand a chance of getting the money back. Again, I understand that the fee is very small in all honesty, but I find it irritating that they essentially suckered me in with a completely different apartment and then now refuse to give the money back.
Here is a link to the "move in reservation" form I signed that says nothing about the "security deposit" being non-refundable. I have edited out any personal information or information about the property managers.
http://i.imgur.com/Z4zvcvh.jpg
This is the response I got back from them in terms of why they would be keeping the $99.00:
"The form also says the holding deposit is refundable within 24 hours AFTER APPROVAL. It is well past the 24 hours. It is a holding fee that rolls into the security deposit."

