I put down a deposit on a place and signed the lease but I was not able to move in, can the landlord refused to give me my deposit back?

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I put down a deposit on a place and signed the lease but I was not able to move in, can the landlord refused to give me my deposit back?

I put down 1/2 of a deposit on an apartment and signed an lease agreement. However, I was not able to move in on the expected date. I called this landlord and stated my situation and that I would need to move in on another date within the same month. He stated he has rented out the apartment I signed the lease on and he could not refund my deposit. Do I have a case here?

Asked on June 19, 2012 under Real Estate Law, Georgia

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Assuming your "would be" landlord rented out your unit before you moved in and you had placed a secuirty deposit of possible damages in the event you took possession of it, the "would be" landlord is legally obligated to refund your security deposit immediately.

I would write him or her a letter seeking the deposit's return within ten (10) days keeping a copy of the letter for future use and need. If not returned, then your recourse is small claims court.


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