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  1. #1
    Join Date
    Oct 2007
    Posts
    2

    Default Return of Refundable Deposit After Not Moving In

    I wanted to rent an apartment in Portland, Or. On October 2, I responded to an ad on Craigslist for an apartment which was to be available mid October. After waiting at least an half hour past the agreed upon appointment, I was told the unit had already been rented, but another unit was to be available the beginning of November "if I was able to wait". Since I was, and found the building location to be desirable, I filled out an application, and paid the manager the application fee, plus $735.00 for a 'refundable deposit".
    Five days later, I called and asked if I had been approved. I was told by that manager that they were waiting 'employment verification'. I called her several times after that, to give her additional information, including the application for my roomate. She never returned any calls. I still do not know if I have been approved for the apartment.
    Late in the evening of October 18, I became aware that my potential roommate would not be able to move in with me. I can not afford the unit by myself, and do not wish to live with a stranger. 9:30 the following morning, I called and left an extremely detailed message explaining that I was unable to move inat this time. Am I entitled to my full deposit back?
    The rental market in the area is extremely tight, and I know that this unit could be rented to someone else, without any loss of income. The unit will not be available to move into until November 9; 22 days after I gave notice that I would not be moving in.
    Thank you for your help.

  2. #2
    Join Date
    Oct 2007
    Posts
    2

    Default Re: Return of Refundable Deposit After Not Moving In

    I was informed today that the full deposit would be sent to me, 'since the tenant is still living in the apartment'. I'm still curious to know if they could have kept it or any part of it, and if they did, would I then have the option of moving in, if I chose to. Anybody know?

  3. #3
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Return of Refundable Deposit After Not Moving In

    You could have waited to move in until after they evicted the tenant, but they can't move you in while the holdover tenant remains in possession of the premises.

    If the deposit is unambiguously designated to be "refundable" in your application agreement you should be able to get the entire deposit refunded if you change your mind before signing a lease or, if there is no lease, taking possession.

  4. #4
    Join Date
    Oct 2007
    Location
    Palm Springs/Manhattan Beach, California
    Posts
    37

    Default Stipulations...

    Aaron seems to have, for the most part, "wrapped things up". I love the choice of words "unambiguously designated to be refundable..."

    Shining just a bit more light into the situation, there are limited circumstances allowing a Landlord/Property Manager the capability to withhold one's deposit.

    Had the apartment actually been offered to you, you accepted it, and then re-nigged on the offer afterwards, YES, the deposit itself could have been withheld.

    Generally everything stipulating "what" and "why" can be located in any documentation that you sign (i.e.: a list of Terms and Conditions) agreeing to hold/reserve the unit itself.

    Good luck~

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Stipulations...

    Er... that's reneged.

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