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What to do when apartment. manager refuses to give deposit back?

My sister applied for an apt paid application fee and deposit. After being told she may not meet the requirement she applied else where and was approved. Now a week after paying the deposit she was told she cannot get her deposit back ;after three days its non refundable. I have never heard of such a thing. Have you? 250.00 is a lot of money!

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Anonymous

Asked by Anonymous at 3:05 PM on May. 2, 2011 in Money & Work

Answers (7)
  • sadly, nothing. if they said it was non refundable and she signed paperwork stating such she is stuck and out the money.
    zoejains_momma

    Answer by zoejains_momma at 3:06 PM on May. 2, 2011

  • It depends on their policies. She should have at least gotten the deposit back, unless it was stated that the deposit was non refundable. The place I manage, if they don't meet the requirements, we give them back all their money, minus $35 for the applicaiton fee.
    If she did not sign ANYTHING but an application, she is due her deposit back. She needs to just be aggressive with them, maybe threaten legal action.
    Fawn80

    Answer by Fawn80 at 3:07 PM on May. 2, 2011

  • I don't think there's anything she can do if she signed the paperwork. If they truly made her believe that she did not get the apartment (rather than just saying she "may not meet the requirements"), she could try to take them to small claims court, but there would be a filing fee for that, and she would need a pretty strong case to win.
    Eek_a_Geek

    Answer by Eek_a_Geek at 3:12 PM on May. 2, 2011

  • If she signed something that stated what you've said, that it is non refundable then there is nothing you can do.
    L0vingMy3Girls

    Answer by L0vingMy3Girls at 3:13 PM on May. 2, 2011

  • A non-refundable deposit is only non-refundable if the person giving the deposit backs out. If the person accepting the deposit backs out of the agreement then it is fully refundable. In your sister's case she didn't meet the apartment's requirements so they terminated the agreement and the deposit should be fully refundable. Think of the scamming of customers that businesses would do if they could get away with doing this. They would accept money from everyone for everything and then keep the money. Thankfully laws are in place to prevent this from becoming a standard practise.

    Your sister should contact her local housing agency. In my area things like this are handled at the county level. They will help her recover her deposit and in many cases she'll receive interest or paid penalties from the apartment managers.
    Linds2Horse

    Answer by Linds2Horse at 3:17 PM on May. 2, 2011

  • she should have read that on the lease or policy if it states nonrefundable or not refunded after three days of whether or not she is approved.
    lucky35

    Answer by lucky35 at 4:36 PM on May. 2, 2011

  • That is alot of money. I'm sorry she won't be getting it back. I would continue to write letters and call until I got tired.
    meooma

    Answer by meooma at 9:00 PM on May. 2, 2011

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