Apartment not able to refund holding deposit even after being denied? LONG, BUT PLEASE HELP.
My husband and I found an apartment we were interested in. We filled out an application and paid $175 for them to hold the apartment for us until we were approved. Four days pass and they tell us we've been denied due to a misdemeanor that my husband had expunged years ago. We informed them we hired a lawyer to have that charge taken off his record and faxed her the paperwork. After she looked it over, she told us she would lease to us if we paid $140 more for rent. Me and my husband discussed it, then decided to call her back to work out some sort of agreement. She then tells us we would need to pay $800 up front in order to move in, we told her couldn't pay that right away but we could the following week. She calls the next day asking, "Are you sure you can't lease the apartment today? It's going to be an extra $40 if you wait." after she told us that, we were starting to rethink leasing there. We called her the next day and told her we had changed our mind, we would like to have our deposit back for holding the apartment. She said it was nonrefundable. Is she required to keep the holding deposit even after denying us and then charging more money in order to lease?