What is the right thing to do, will i win in court, and can i sue for Triple damages?

This is my first time ever renting. I was going to rent an apartment for 800.00 a month. The apartment includes NO utilities, Security and 1st month. The apart is a nice place for me and my husband. We put down 800 for security in cash and got a reciet for it. The Lease wasnt ready at the time of the deposit. When the lease was ready the told us to meet up at the apart to sign it. We read the lease and felt really un-comfortable. We didnt agree to some of the rules, so we tried to talk it out, & they refused to change anything. We both decided that the lease is too complicated to go by so we werent going to rent the apart anymore. They were furious and told us were not getting our money back. We told them you cant take our money if we never signed the lease. They said we put security down to secure the apartment and now its theres. We sent them deposit demand letter as our last approach before dealing with the court. Still no sign of the money and now were waiting trial.

The reciet doesnt say non-refundable, hes telling us that it is.

If it was a non-refundable deposit, it's gone. If it was dependent on you signing the agreement, you should get it back.

ok, if your receipt doesn't say non refundable, then it falls to two things- the landlord/tenant law in your state, and what the small claims court judge thinks of the two of you when you appear to argue your case. You can't sue for more than you're out no matter what court you're in, so spend the $35 to file it in small claims, go make your pitch, and see who they agree with, you're out so much money another $35 won't matter.

Oh, if I was you, I would go by the apartment in a week or so, maybe two weeks, and if there's someone living there? Ask them nicely when they moved in. (Don't tell them why you're asking, just say your friend used to live there. Be cool about it, they won't tell you if they know it might cause trouble with the landlord!) If they rented that badboy 2 days after they held your money? They have no damage because of you backing out, and the judge will probably find in your favor.

There is NOTHING you can do. The money YOU put down was to "hold" the apartment so they would not lease it out to anyone else.

Secondly, if you would take them to court and win, why would you think you could get triple??? You would only get the $800 and court cost (court cost if you put that in when filing your claim with the courts).

Take them to small claims Court. You cannot sue for triple damages. The job of the court is to make you whole. So they will probably give you the deposit, as to any other funds you will only get what you put in. Like if you already paid to have the phone turned on or any other "Connection" charges like cable.

Make sure to bring all documents and/or can celled checks with you to the courtroom. Speak to the judge and ONLY to the judge. Never speak to the Defendant! Always speak calmly and respectfully even if you are angry because the other side is lying.

Good Luck!

PS Next time ask for a copy of the lease BEFORE you give a deposit or write on the receipt that the deposit is refundable based on renters acceptance of the terms of the lease. If you get a copy and do not understand some of the terms, ask an attorney! The money will be well spent.

Easy case.

Think of a candy bar. I go to the store for my favorite candy bar. There is only one left, and I do not have the full amount to buy it. I cost 1.00 and I only have .80 cents. I give them my .80 centsI go to my car to get the rest of the money and when I come back, it is sold to someone who has a dollar.

Is the store right in keeping my .80 cents and I have no candy bar. This is the legal reasoning behind it, albeit simplified.

Now, if you signed an agreement that said it was non-refundable you lose. Key word being signed.

I would take this case in a heartbeat. This is simple contractual law. You will win.

Good Luck,
Judobigdog