Best course of action - Legality issues

[minendo]

This apartment complex that I had planned on living at next year has a very strange application/approval process. There is a $25 charge to apply (2 people, 2 bedroom apartment) which my girlfriend and I did. We were approved back in February and a deposit had to be made of $200. I asked before making the deposit how long I had to decide if we wanted live there once we were provided an address. The lady told us 45 days. Well we called to find out if they had an address for us let, but they said addresses are not given out until the end of May.

So I figured I would just look around and see if I can find a better deal for a 2 bedroom apartment for the 2 of us. Well it turns out that my sister had applied at this complex with a friend of hers. In order for my sister to be approved she needed my mom to cosign, I did not since I make enough. Well it turns out that my sister was approved as was her friend, but problems arose where her friend is not returning to school in the fall.

This means that my sister can not live there and my mom had put down the $200 deposit for her. They were never given an address since they had around the same move in date as myself, but the complex will not refund the money. What is my best course of action against them? Small claims court? Do I have a case?

On another note, I though deposits were to be held by landlords as a security check. The complex immediately cashed my checked before even providing an address. Is this right?

Please advise.

 

[Mill]

What papers did your mom or sister sign?

 

[minendo]

Originally posted by: Millennium
What papers did your mom or sister sign?

It was simply an application. All that was signed was that permission was given to do a background check/credit check.

 

[Mill]

Originally posted by: minendo

Originally posted by: Millennium
What papers did your mom or sister sign?

It was simply an application. All that was signed was that permission was given to do a background check/credit check.

Then I would think unless something was stipulated in the application, the deposit would be refundable.

 

[bunker]

Did it say exactly what the deposit was for? If it wasn't stipulated that it was a security deposit then they can do pretty much what they want with it. If it is a security deposit then they can and will cash it, but it must be deposited into a non-interest bearing account.

 

[bozo1]

You need to read what you signed. It is common for the deposit to be nonrefundable if you back out of the deal. This protects the property owners from lost revenue by taking the apartment off the market.