Asked in Landlord - Tenant for Kentucky

Q: I paid the application fee for this apartment then on March 28 paid $350 down deposit can I get my deposit back

Didn't sign a lease or was never shown the apartment didn't move in

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA

A: Based on the information you provided, it seems that you paid an application fee and a down deposit of $350 for an apartment, but never signed a lease or were shown the unit. In this situation, your ability to get your deposit back depends on a few factors:

1. The terms of the application and deposit agreement: If you signed any documents when paying the application fee and down deposit, review them carefully to see if they mention the conditions for refunding the deposit.

2. Local and state laws: Landlord-tenant laws vary by location, so research the laws in your area to determine if there are any regulations regarding the return of deposits in situations where a lease was not signed.

3. Reason for not moving forward: If the landlord or property management company was the one who decided not to move forward with your application, you might have a stronger case for getting your deposit back.

To request a refund of your deposit, write a formal letter or email to the landlord or property management company, explaining the situation and requesting the return of your $350 down deposit. If they refuse to refund your money and you believe you are entitled to it based on the agreement and local laws, you may need to seek legal advice or consider taking the matter to small claims court.

Keep in mind that application fees are usually non-refundable, as they cover the cost of processing your application and running background checks.

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