My friend and I paid $100 each to a possible landlord who said he would just hold it until we found out if we were approved or not. This mea...

Question

My friend and I paid $100 each to a possible landlord who said he would just hold it until we found out if we were approved or not. This meaning he wouldnt show the apartment. We only did this becasue he claimed that he had a other offers. We were approved and his wife was very persistent can constantly called. I talked to some people that live in the building and found out that it is roach infested and things break and she doesnt fix them. We decided we no longer wanted to move in due to the roach problem. He actually cashed the deposts and refuses to give the money back claiming it is part of the rent but we never signed a lease. Is this right?

Answer

Leases for less than one year do not have to be in writing. The issue of whether it was a non-refundable deposit or not rests upon the language used. If the money was to hold the property off the market, then you got it held off the market so are not entitled to a refund as he delievered what you agreed to pay him for. If the $100 was designated as being part of the initial rent then it should be refundable as you did not actually rent the apartment.