How can I get back the $250 deposit from the apartment complex? 7 Answers as of February 26, 2014

I submitted an application to an apartment complex with a $35 application fee. They called me back and said I needed to give them a $250 deposit to hold the apartment. 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 application 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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Stuart P Gelberg
Stuart P Gelberg | Stuart P Gelberg
Sue in small claims court.
Answer Applies to: New York
Replied: 2/26/2014
Universal Law Group, Inc. | Francis John Cowhig
You can file a claim and sue them in small claims court for the $250.
Answer Applies to: California
Replied: 2/26/2014
Patrick W. Currin, Attorney at Law | Patrick Currin
You would seem to have a decent chance to get back the deposit. Send a demand letter and if they don't return the funds, sue in small claims if it seems worth your time.
Answer Applies to: California
Replied: 2/25/2014
S. Joseph Schramm | Joseph Schramm
You should probably file a claim with the local magistrate for the return of your $250.00. You could also claim that the apartment complex was treating the money as a security deposit and ask the magistrate to award you double the amount as damages.
Answer Applies to: Pennsylvania
Replied: 2/25/2014
Dessy & Dessy, a Professional Corporation | Ronald D. Dessy
Try writing a letter requesting a refund of your $250 deposit and keep your copy of letter. If that does not work take them to small claims court.
Answer Applies to: California
Replied: 2/25/2014
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    Sue them in small claims court.
    Answer Applies to: Idaho
    Replied: 2/25/2014
    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: 2/25/2014
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