No lease signed/ return of deposit

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scdewey

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About a month ago, I put a partial deposit down on a rental property. it needed a lot of work done in it, and i wasnt prepared to move until mid september which the property representative was ok with. the property owner lives in florida, the house is in Indiana, and has been handled by the son in law. So, after the son in law was a no show for the 5th time, a week before my move in day i told the owner and his son in law, i have had enough with the no show situation and was not comfortable renting and counting on them as landlords.

I was ignored for the next week when i called to request my deposit back. then after a week, they said it is a non refundable deposit, the house is already rented, and that was that.

I never signed a lease, and have a reciept that does not state non refundable on it.

Do they have the right to keep my money? Plus the house was not ready to move into until the week before my moving date, so i didnt hold anything up, they no showed, and didnt have the house done.
 
I don't understand. Was the house ready to move into by the moving date and the son-in-law simply didn't show up one time a week before? Did you guys talk afterwards? You may be owed some money but I'm not sure just yet.
 
You are likely out the money. You placed a deposit on house thus preventing others from renting it or owner from showing it. The owner can argue that they are due this money because they could not show or rent property since you had a deposit on it. At very least you will likely need to take them to Small Claims to even hope at a return of funds
 
he no showed the day of first viewing the property, no showed the day of giving deposit, and no showed the day he agreed to let me start moving things to the property which was one week before occupancy. My reciept says deposit for house, and to this day there is still a hole in the front door where the deadbold lock has not been installed, which as far Im concerned means it is not finished. He is also not a lisenced realtor which I believe in Indiana to represent the home owned by someone in Florida you must be a lisenced realtor. I just want to know if I have a chance of winning before I file. There was no mention of non refundable, or holding fee. If there was it should say so on my reciept
 
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