Can an apartment complex keep a deposit submitted at time of app? 4 Answers as of March 03, 2014

I submitted an app to an apartment complex with a $35 app fee. They called me back and said I needed to give them a $250 deposit to hold the apt. A couple hours later they called and said we were denied. I hung up and drove there to get my $250 back and they said they were keeping it. The app does not state that it is nonrefundable. They told me on the phone when asking for it that if denied it would be refunded.

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Law Office of Tadd Dietz, PLLC
Law Office of Tadd Dietz, PLLC | Tadd Dietz
Under Utah law tenants are entitled to a return of or an explanation why the security deposit is being retained at the end of the tenancy. See Utah Code Section 57-17-1. If a landlord is claiming that part or all of the security deposit is non-refundable, it must be written in the lease agreement. See Utah Code Section 57-17-2. A landlord is also entitled to deduct certain costs from a security deposit such as unpaid rent, damages beyond reasonable wear and tear, cleaning, and other damages authorized under the lease agreement. See Utah Code Section 57-17-3. At the end of the tenancy the landlord is obligated to refund the security deposit (or any balance remaining after authorized deductions), and/or itemization of any deductions. The landlord is obligated to deliver/mail the security deposit and/or itemization "within 30 days after termination of the tenancy or within 15 days after receipt of the renter's new mailing address, whichever is later." See Utah Code Section 57-17-3. If the tenant provided the landlord with notice of the new address within 30 days of the termination of the lease and the landlord still failed to comply with theses obligations in bad faith, the renter may be able to "recover the full deposit, a civil penalty of $100, and court costs." See Utah Code Section 57-17-5.
Answer Applies to: Utah
Replied: 3/3/2014
Peters Law, PLLC
Peters Law, PLLC | Mark T. Peters, Sr.
File a small claims action for the $250.
Answer Applies to: Idaho
Replied: 2/28/2014
Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
I already answered this Q.
Answer Applies to: New York
Replied: 2/28/2014
S. Joseph Schramm | Joseph Schramm
If the application does not state that the $250 is nonrefundable , then you should be entitled to a refund. if the apartment owners or managers will not refund the money then you should file a complaint with the local magistrate for a refund.
Answer Applies to: Pennsylvania
Replied: 2/28/2014
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