do deposits by law have to be returned if I never moved in?
- 6 months ago
Did you sign a lease? What type of deposit? Holding or security?
A holding deposit they keep, that is the point of the deposit. If you signed a lease, only losing the deposit is pretty lucky.
- AthenaLv 76 months ago
In most cases yes.
You have grounds for a case.
- YetiLv 76 months ago
Not enough information, including where in the world this is.
Usually a deposit is both to ensure you follow through on a transaction, and to cover any damages that might occur during a tenancy. The only way you get a deposit back is if you uphold your end of everything, and follow through on the lease as well as cause no damages that justify retaining the deposit.
When you put down a deposit on a lease, the landlord stops showing it to people, etc. If you don't move in, you forfeit it. The landlord could have rented to someone else otherwise.
You'd only have a good argument to get it back if the landlord is able to rent to someone else right away and doesn't actually lose out on any rent.
Anyway, no, deposits are not required to be returned if you never move in. The whole point of a deposit before you move in is that the landlord gets to keep it if you don't follow though. So it's the contrary.
Don't put down deposits on things unless you're ready to forfeit the deposit if you don't follow through. And that also goes for custom-made clothing, etc.
- Nuff SedLv 76 months ago
Depends upon what kind of deposit it was. An application deposit is generally "spent" and non-refundable prior to your moving in. A security or damage deposit remains yours until you move out and the landlord sends you a statement of how they "spent" it to cover damage, rent or fees they claim you still owe.
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- xyzzyLv 76 months ago
Not necessary. It would depend on your state laws and the contract and the type of deposit. It sounds like you are talking about renting a house or apartment. Generally lease contracts have non refundable charges such as fees for background checks etc and deposits to hold the property off the market. Cleaning deposits and animal deposits are usually refundable if you do not take possession of the property.
- babyboomer1001Lv 76 months ago
No. Deposits are non-refundable. Further, if you signed a lease, then you are bound by its terms and conditions.Source(s): Certified Paralegal, with 25+ years' experience & with Landlord & Tenant law experience.
- scott bLv 76 months ago
By law a deposit has to be stated as a refundable deposit or a non-refundable deposit. So you need to look at whatever lease, deposit agreement, or other contract that you signed and agreed to and see what it states in there. If it says it's refundable, then yes by law they have to give it back. If it say's it's non-refundable, then they don't.
(or whatever other terms may be stated, such as "non-refundable after xyz date", "only refundable if the client never moves in", etc)
- Anonymous6 months ago
That all depends on the contract .
- nevin0020Lv 46 months ago
It really just depends. Like if you've wasted someone's time then they could use that as justification to keep the deposit.
- Anonymous6 months ago
No. You put that money down and kept the place empty. That's money that could have been in the landlord's pocket.