Does a tenant have rights to the return of theirdeposit if the have not yet occupied the rental?
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Does a tenant have rights to the return of theirdeposit if the have not yet occupied the rental?
I put a deposit down on an apartment and I have not even given them proof of income, but I’ve been approved. I don’t want to live there due to the apartment reviews on-line. Can I get my deposit back?
Asked on December 16, 2010 under Real Estate Law, California
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Was this an application and screening fee for the apartment? Is this the deposit that you mean? These types of fees are regulated by statute and should not exceed $30 and they are non-refundable. If you are talking about the security deposit then that is a different issue. There is no such thing as a non-refundable security deposit in California as far as I can tell from all that is out there. Did you sign anything? Like a lease? Then if you signed a lease you are stuck. It is a binding contract. If you just filled out the application then it may not be a binding contract but it should be read by someone. Get help and figure out a strategy here. Good luck.
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