Non official holding deposit issue/problem

22berries

Hoping someone can help with this mess!!

I went to view an apartment for rent on saturday 28/12 in Dublin for my boyfriend and I. I fell in love with the apartment and decided there and then that i wanted it. The landlord was hesitant at first, explaining that he had a few more people interested so my mum, who accompanied me offered to give a deposit to hold the apartment until we signed the lease and neccessary paperwork a week later, 4/1. The landlord agreed and declared 300e as a sufficient sum. My mum then gave him a cheque for 300e.

He said that he would still be leaving the apartment listing up on the rental website until it was all official. Then on sunday 29/12 he informed me via email that he wanted the deposit and advance months rent all in cash on saturday 4/1. My boyfriend couldn't get the money together in those few days and the landlord wouldn't compromise so we had to let the apartment go. We could/should have cancelled the cheque there and then but i assumed he would just tear up the cheque or just leave it. How naive i was!

It came out of my mum's account on friday 3/1. I contacted him immediately via email as he was in UK, he text back some hours later saying the holding deposit is non refundable. I've tried to contact him since to no avail and left him a voicemail. Not once did he mention the words non-refundable, nor provide a receipt although we should have requested one.

Bear in mind that he still has tenants residing in the apartment until early february, so he didn't lose out on any money in the 4 days i was 'holding' the apartment. I really am at a loss as to what to do next. If someone has been in a similar situation or can point me in the right direction i would be very grateful.


All opinions welcome!

wirelessdude01

I wonder how many other 'holding deposits' he got as well? You got scammed.

beauf

22berries wrote: »

...so my mum, who accompanied me offered to give a deposit to hold the apartment until we signed the lease...

What's the conditions/purpose of this deposit?

Under what condition is it returned?
Under what condition is it not returned?

I would expect a LL to get the first months rent and deposit before keys are handed over certainly. Maybe a week in advance. But a month in advance seems a lot in advance.

hfallada

OP a cheque is traceable. I would phone your bank and ask for it to be pulled from the drawer. They can get you a photocopy of the cheque. I would email him back saying since you have cashed the cheque, I assume you have agreed to let the apartment to us. As technically he has entered into a contract with you. If he no longer wants to let the apartment you as has found a better tenant refund the cheque. I dont know if you could tell the bank the cheque was fraudulently cashed?

You might not have be scammed, but you could be dealing with a cowboy. Never assume someone wouldnt cash the cheque if they have the option to.

Michael D Not Higgins

If your mum was willing to write a cheque to cover the holding deposit, then why didn't you ask her for help with the first month/month's deposit (assuming she had the funds available)?

If you didn't have the money available to rent an apartment, why were you looking to rent an apartment? How were you expecting to cover the deposit and month's rent?

djimi

Michael D Not Higgins wrote: »

If you didn't have the money available to rent an apartment, why were you looking to rent an apartment? How were you expecting to cover the deposit and month's rent?

Im inclined to agree with this as a side point. You were expecting to sign the lease on the 4th; you are almost always going to be expected to hand over a months rent and a further month as a deposit when you sign the lease.