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  1. #1
    Join Date
    Jul 2014
    Posts
    2

    Exclamation How to Get Your Security Deposit Back if You Don't Move In

    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."

  2. #2
    Join Date
    Jun 2013
    Posts
    551

    Default Re: Getting "Security Deposit" Back if Not Moving in (Ohio)

    We cannot tell if this is mentioned anywhere in their paperwork. If it is not mentioned that it is a non-refundable deposit then you are probably due a refund.

    Your only recourse however is to sue in small claims court, which will cost you $30-$50, If you decide that it is worth your time, then gather up all the paperwork you can from them, review it, and if you still believe you are due a refund then file in small claims. Personally I don't think it would be worth the energy, considering you may not win. I think your energy would be better served writing negative but honest reviews of your experience online.

  3. #3
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Getting "Security Deposit" Back if Not Moving in (Ohio)

    Note that while small claims courts do charge a filing fee, that fee is added to the recovery if a plaintiff is successful in the lawsuit.

  4. #4
    Join Date
    Jul 2014
    Posts
    2

    Default Re: Getting "Security Deposit" Back if Not Moving in (Ohio)

    Quote Quoting brownj12
    View Post
    We cannot tell if this is mentioned anywhere in their paperwork. If it is not mentioned that it is a non-refundable deposit then you are probably due a refund.
    According to them, it says it's "non-refundable" in the form I linked to, but to me the form says a "holding deposit" is only refundable until 24 hours after acceptance, but the "holding fee" part is blank and the "security deposit" area is where the fee was posted on the form. Would that not be a mess up on their part? They tried to say it was a holding fee that turns into a deposit.

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