Is a deposit to hold a rental property for a short period of time, (7 days) refundable.

Profile picture for rocvel

On January 6, 2011 I made a $500.00 deposit to hold the rental property at 2520 Libretto Avenue, Henderson, NV 89052  until January 15, 2011 which is how long they can hold the place for me.  I talked to my wife about the property and drove her around the area to see the property and the community.  My wife did not like the place.  So on January 13, 2011 I called the broker, Nikki Madera, that we are not renting the place and we requested a refund of our deposit holding the property.  There was no lease agreement  consummated or signed. The said broker refused and said that it is not refundable as shown in the application to rent that the security deposit is not refundable.  In the application it was only explaining the terms of the lease if we decide to rent the property.  My deposit was not the security deposit.  It was to hold the property for a period of time until we can definitely decide to rent the place.  Is the action of this broker right or even ethical?


Roberto Veloso
rocvel@cox.net
(702) 610-9695
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January 24 2011 - Las Vegas
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Answers (2)

Profile picture for Don Greenberg
Very grey area here. It sounds like the broker should do the right thing and return the deposit. No need to create a bad image for yourself (as a company) by doing something like this.

Now the broker may state that he lost potential rental income due to other people wanting the unit while he was holding for you. Either way, $500.00 may not be worth fighting over from the brokers standpoint!
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April 30 2012
Profile picture for 458pumpkin
You did not get a move in date so No he should not keep it
But if you changed your mind he should keep it.
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April 30 2012
 

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