What to do if I recently put down a deposit for an apartment that I am no longer able to rent?
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What to do if I recently put down a deposit for an apartment that I am no longer able to rent?
The property manager is not going to give me back my deposit. Are they within their rights to just keep my money despite my not entering into a contract with them?
Asked on September 17, 2012 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Yes, they may retain the deposit. The deposit is provided to induce the landlord to hold and provide a rental unit for the would-be renter. If the renter pulls out of the rental--if he or she cannot or will not rent the unit---the landlord is entitled to retain the deposit. If it had been the landlord who had not gone through the transaction, or it became physically or legally impossible to rent (i.e. the building burned down or was condemmed), you'd get your deposit back, but not if the landlord was ready and willing to go ahead and you chose, for whatever reason (even a good reason) to not rent.
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