Scottsburg, IN asked in Civil Rights for Indiana

Q: Is it legal for an apartment complex to keep a deposit for the apartment if its not taken?

We put a deposit of 250.00 down for an apartment. We both paid for background checks...totaling 42.00. We got an eviction notice and did not pass the background check. A social security card had to be ordered so we had to wait for over a week for it to come in the mail. In the meanwhile we were still looking for a place to move as well as other options. We found a place in the country and we decided it would be a better move for our family of four and our animals. So we notified the apartments and she advised us that she is keeping the deposit. We told her no....We get that back because we are not moving to the apartments. We were aware of the background check money being lost but we were not advised of loosing deposit money for an apartment we decided to not take. She said she has already put that money into the apartments. We were not told of this or was it in any paperwork we turned into the apartment complex. Is this legal? We had an eviction from our previous rental at that time

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1 Lawyer Answer
Gary Kollin
Gary Kollin
Answered
  • Civil Rights Lawyer
  • Fort Lauderdale, FL

A: This should be directed to Landlord-Tenant

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