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LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 27268
Experience:  10+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Can a landlord keep a deposit that was meant to hold an

Customer Question

can a landlord keep a deposit that was meant to hold an apartment but no move in ever took place
JA: Because laws vary from place to place, can you tell me what state the property is in?
Customer: Ankeny, IA
JA: Has anything been filed or reported?
Customer: an application was put in and signed but no lease was signed that I remember
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 13 days ago.
Category: Legal
Expert:  LegalKnowledge replied 13 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  LegalKnowledge replied 13 days ago.

Good evening. Yes, it is likely that the landlord can impose a claim and keep the deposit. I say this because if the deposit was to hold the rental, it means nobody else could have rented it and it was taken off the market. The landlord could claim that they lost prospective tenants and the chance to rent it and now, without the tenant moving in, they are damaged. It is not uncommon for a deposit to be kept, if the tenant does not take possession, when the property is held and taken off the market.

Customer: replied 13 days ago.
how unfortunate it is not spelled out better up front when the apartment is shown.
Expert:  LegalKnowledge replied 13 days ago.

You could argue that the landlord never informed you that the deposit would be retained if you did not sign the lease, so you were unaware. If that is your position, you can demand it back and argue that the purpose was just to hold it but did not allow the landlord to keep the money.

Expert:  LegalKnowledge replied 13 days ago.

Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be 5 STARS! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

Expert:  LegalKnowledge replied 11 days ago.

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!