Thank you. I am afraid that while you do not HAVE to give it back, they can SUE for it if you do not.
This is called unjust enrichment. The elements of an unjust enrichment claim are: 1) "[a] benefit conferred upon the defendant by the plaintiff"; 2) "appreciation by the defendant of such benefit"; and 3) "acceptance of such benefit under such circumstances that it would be inequitable for him to retain the benefit without payment of the value thereof." The most significant requirement of an unjust enrichment claim is that the benefit to the defendant be unjust. Freeman Indus. v. Eastman Chem. Co., 172 S.W.3d 512, 525 (Tenn.2005) (citations omitted) (quoting Paschall's, Inc. v. Dozier, 219 Tenn. 45, 407 S.W.2d 150, 155 (1966)). "
And the statute of limitations has not run out yet, meaning they can sue within 3 YEARS of the deposit.
So if they ask for it back within 3 years, one may wish to give it back, or they can file a suit (it would be up to them).
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