Legal Question in Real Estate Law in Georgia

Deposits and Leasing

I provided MLC Properties in Atlanta, GA a $725 deposit for an apartment. I completed only an application - no lease. However, due to unforseen circumstances (the possibility of a layoff at my current employer, WorldCom) I am unable to keep the apartment. MLC Properties is stating that their policy is such that they will not refund my deposit. However, I do not recall that ever being stated, and again, I did not sign a lease agreement.

Is what they are stating true and legal? Can they legally keep my deposit?


Asked on 10/23/02, 10:56 am

1 Answer from Attorneys
Charles W. Field Charles W. Field, Attorney at Law

Re: Deposits and Leasing

You didn't state whether you actually moved into the apartment. If you did, you would owe reasonable (whatever that may be determined to be) rent even though you didn't sign a lease. If not, they owe you the deposit. Check out small claims court in the county where they are based.

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Answered on 10/23/02, 11:06 am


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