Gave partial security deposit, didn't sign lease, check has been cashed. Can I get it back?
I've been checking out new places to rent. Last Friday Feb 3rd, I visited a place and filled out an application the same night. I put the application and a $100 security deposit in the potential landlord's mailbox around 10:00 PM Sat Feb 4th. When I did this, I noticed there was some smoke in the area. I'm really sensitive to smoke, but I left the application and check inside the mailbox.
On Sunday Feb 5th, I viewed another place that doesn't have smokers within the unit. Sunday night: I emailed the potential landlord I had submitted the app + check to, and was honest about my situation. I told her that I was sensitive to smoke and asked if there were smokers in her unit. I also disclosed that I was looking at another place and suggested that she continue showing the place to others.
I re-read the contract. I stupidly missed the lines that say:
"statements above set forth are true; however, should any statement made above be a misrepresentation or not a true statement of facts, all of the deposit will be retained to offset the agent's cost, time, and effort in processing my application. I hereby deposit $___________ as earnest money to be refunded to me if this application is not accepted in 3 business banking days. Upon acceptance, this deposit shall be retained as part of the security deposit."
I'm not actually sure if she has processed my application. She hasn't gotten back to me since that email on Sunday night. I'm thinking that I let her know about my sensitivity to smoke within 24 hours
of giving her my application and check...
BTW, I already checked out this thread
, but my situation doesn't involve a whole month's rent.
Anyway, she has cashed my check. If I'm not wrong, the clause above only says that she can only retain my deposit if I lied
...right? I feel like I gave her enough disclosure after I gave her my money. So can I get it back?