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LawTalk, Attorney
Category: Landlord-Tenant
Satisfied Customers: 37855
Experience:  I have handled Real Estate and Landlord Tenant matters for more than two decades.
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I live in Colorado. In March of 2015 my wife's son and

Customer Question

I live in Colorado. In March of 2015 my wife's son and girlfriend were looking for an apartment. They looked at an apartment in a building which was full but had a wait list. They were told that they would be required to put down a $150.00 refundable deposit to get on the wait list. They did not have the money to do this so my wife wrote a check to the apartment bldg manager for this amount from my wife and my personal checking account. We have a copy of the deposit agreement and a copy of the cancelled check. Now my wife's son and his girlfriend have split up without ever being rented an apartment. We would like the deposit back. However, my wife's son's name is ***** ***** the waitlist, only the former girlfriend's name is ***** ***** waitlist. The manager of the bldg. is refusing to refund our deposit unless the ex-girlfriend authorizes it, and she is refusing to do this.. I was thinking that since it is my wife and my money from a check drawn on our account we should be entitled to get it back without the ex-girlfriend's say so. Is this true? If the bldg. manager and the ex-girlfriend refuse to cooperate, what options do I have, such as maybe small claims court?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  LawTalk replied 1 year ago.

Good afternoon,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.

When your son's girlfriend was the only applicant for the apartment and your wife wrote the check to the apartment complex, that was legally a gift to the girlfriend and did not entitle you or your wife to any legal remedy in case the apartment never rented to the couple or in case the apartment was rented and the deposit applied to the first month's rent or the deposit.

I presume that there was an agreement between the four of you that the $150 was a loan and give that your remedy is to sue the ex-girlfriend in small claims court for the return of the money----since the purpose of the loan will no longer ever come to fruition.

You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

I hope that I have been able to fully answer your question. As I am not an employee of JustAnswer, please be so kind as to rate my service to you. That is the only way I am compensated for assisting you. Thank you in advance.

I wish you and yours the best in 2016,


Expert:  LawTalk replied 1 year ago.

Good afternoon,

Do you have any additional questions that you would like me to address for you?

In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

As I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,