Legal Question in Civil Rights Law in Pennsylvania

A gave a person money to hold an apartment for me. I then changed my mind because I found something better. I did not sign a lease agrrement. Does he have the right to keep my money.


Asked on 3/25/11, 3:37 pm

1 Answer from Attorneys

Andrew Solomon Law Office of Andrew A. Solomon

The real issue is did you or this other person sign any documents that state what the money was for. For example, if this person gave you a receipt for the money, that said the money was "non-refundable", you would be out of luck. Whenever you give someone a significant amount of money, or any oney at all, you should always inquire whether the money is refundable or not. And get it in writing. If this was just an oral transaction, you will probably have difficulty in getting the money returned, unless the person is an extremely nice individual. Have you requested a refund? If not, you should and see what happens. Remember, when you gave this person a deposit to hold the apartment, he/she probably took the rental off the market and might even have told prospective tenants that the apartment was not available. Another factor that is important, is how much time elapsed between your giving the money and your decision to change your mind. If we are only talking about a day or so, and yu promptly requested the return of your money, you might have a stronger case. But the more time that passed, the weaker your case is. Also, another factor is how much money is involved and how was paid--cash or check.

The bottom line is that you entered into a contract with this person--in return for your money, he agreed to hold the apartment. The fact that you changed your mind is not his/her fault. So, in answer to your question, my opinion is yes, he can probably keep the money unless you and this person agreed otherwise and you can prove it.

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Answered on 3/25/11, 7:33 pm


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