Q: I need help with determining if I can get a holding deposit back on an apartment we were denied
Me, my wife, and a friend of ours applied for a 2 bedroom house in grand forks north dakota. Our friend was denied on her application, although me and my wife was approved and we make enough income between the 2 of us for the minimum income requirement. Would we all be denied then? And if so do they legally have to give us our deposit back since we were denied and didn't just decide not to get the apartment? We aren't going to move without her. I don't want to lose $300. Please help.
A:
Generally, a tenant that does not qualify will qualify if co-tenants qualify, as you alluded to. Generally speaking, a landlord cannot keep a deposit if a contact was never entered into. You described the deposit as a "holding deposit". Therefore, the consideration the landlord gave for your $300.00 was to hold the unit for you. The language and circumstances surrounding any agreement, signed or non, for a "holding deposit" will likely be dispositive, especially any mention of your friend to be living with you.
This is general legal information, and I am unable to provide adequate legal information without first discussing with you all the particular facts and circumstances surrounding your matter.
A: The answer depends on the reason for the deposit, but I find it unlikely they can keep your deposit. Bring them to small claims court.
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