Landlord and Tenant Rights and Responsibilities

questions & answers

Question: I paid a holding deposit and got a receipt for a particular apartment that apparently is now no longer going to be mine and I'm just curious if the landlord can legally keep my holding deposit when he is not giving you the unit that I put the holding deposit on?

Answer: The answer to this question will depend on several factors, including what the specific purpose of the holding deposit was (especially if that purpose was stated in detail in writing). Either way, a tenant’s best course of action in such situations is to request the return of the holding deposit in a signed and dated letter to the landlord describing why the deposit was paid in the first place and why it should now be returned. (The tenant should keep a copy of this letter for the tenant’s own records.)

QUESTIONS

  • I paid a holding deposit and got a receipt for a particular apartment that apparently is now no longer going to be mine and I'm just curious if the landlord can legally keep my holding deposit when he is not giving you the unit that I put the holding deposit on?

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