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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16249
Experience:  7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Hello, I put down a security deposit in the amount of $650

Resolved Question:

Hello,

I put down a security deposit in the amount of $650 to apply to live at an apartment in rockville, CT. My application was denied pending a parents consigning. My parents wouldn't go for it because the place was a real piece of crap. I called the landlord a couple of weeks after hearing my application was denied and asked for my $650 deposit back. I have a receipt that clearly says "security deposit and application fee." I never gave them anymore money, never had my parents co-sign for me and never signed anything except for an application to rent.
They will not give me my money back. What can I do?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good afternoon. I certainly understand the situation and your concern. The landlord does have a right to charge you for an application fee and if it was denied, would not have to refund the cost of it. However, the security deposit is applied to and to secure the subject property. If the application was denied, then you would have a legal right for the deposit to be returned. Unless the co-signing was a condition previously stated, which you knew about and something that you needed to comply with and obtain in good faith, your failure to secure your parents signature on the lease, would not likely give him a basis to keep and deduct from the deposit, these alleged "damages" he suffered. Once the application was denied, you were offered the option to obtain a co-signor. You can not force someone to sign on your behalf nor are you obligated to do so, unless it was stated in the application. Once the application was denied, the landlord could have relisted the subject property and was under no obligation to wait to hear back from you. He did so under his own, wrong assumption and is now trying to collect damages. If he is unwilling to return the deposit, then you would have no choice but to sue him in small claims court, to recover what is owed. Had he found someone the next day to rent the apartment for more money, he certainly would not have told them they had to wait and he wanted to give you the option first, to find a co-signor and pay less. As such, he likely can not come back now and try and charge you for damages, for failing to obtain a co-signor.

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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16249
Experience: 7+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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