deposit

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Tjalise4

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My jurisdiction is: Tampa,Fl

I was not approved for the regular $250 deposit and had to pay one month rent which was $725. I only paid half $362.50 and was suppose to pay other half on move in with my $99 1st month. Well something came up(always with this economy) and I am not able to move. I ask for my deposit back and the manager told me they used the deposit to get my apartment ready and is non-refundable but if I move in and serve my lease I could get it back because it is refundable. All I want is half of my deposit back. I ask for the corporate office and was told they would not give it back because that is the rules. If you pay the deposit and change your mind you can't get it back. Also he told me they have alot of apartments that have been empty for more than 6 months and needed upgrades and that is one the reasons why again I can not get it back because it was used to clean and get the apartment ready. What should I do, I never signed anything and I feel he is giving me the run around.
 
Was this money used as a "security deposit" or a "holding fee"?

A security deposit is typically required to provide the landlord/management a monetary option should the tenant leave the rental unit damaged at the END of the lease. It is not to be used to get a rental "in shape" or to "upgrade" a rental unit.

A "holding fee" is just that; a monetary guarantee by the tenant that they will take the rental unit and that the landlord can now take this off the rental market.

As a general rule, if a security deposit is made but no lease has been signed and the tenant changes their mind the deposit is returned to them. In the case of a "holding fee", the deposit is kept by the landlord should the tenant change their mind on renting the place.

Gail
 
In my file and info that was signed by 2 managers and 1 leasing agent as a security deposit no holding fee. Also per application I signed stated that if I was not approved and gave a deposit and change my mind I could get it back. So where do I go from here? Should I bring them a copy of thier lease that clearly state it is refundale? Or since legal advice and from where?
 
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You remind them what their own application states.

If they still refuse to return the money, you decide if taking them to court (typically these cases are handled in Small Claims court) would be your next step.

Gail
 
Thank you very much and I will try tomorrow. If not I guess I will try to find some type of legal aid in Tampa fl. I will let you how it works out.
 
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