RPA Tenant Rights Blog » Uncategorized » Saw apartment listed on Bed Bug Registry before signing lease – Can I get desposit back?

Saw apartment listed on Bed Bug Registry before signing lease – Can I get desposit back?

By Whitney

Hi All,

I recently found a great apartment in Ditmas Park/Kensington and put down a deposit on the unit. When I did my walkthrough I was told that the previous tenants were evicted and there was a police reposession notice on the front door. I also saw some mouse poop and dead cockroaches in the cupboards and the super told me that they had exterminated the whole apartment and the problem was taken care of.

The day after I gave my deposit (Still hadn’t signed a lease) I searched the address and saw the apartment came up on the bed bug registry several times between 2010-2012. The broker never disclosed this history to me but I am too nervous about the apartment now and want to withdraw my application.

Can I legally get my deposit back because they did not disclose the Bed Bug problem to me before I submitted it?

Anyone been through this before?

Thanks!

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Edited on: Wednesday, January 16th, 2013 10:23 am
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One Response to “Saw apartment listed on Bed Bug Registry before signing lease – Can I get desposit back?”

My response: (We welcome stories, examples, explanations, answers and a touch of your personality)
 

Dana

January 30th, 2013 1:16 am

Even if you didn’t sign a lease, did you sign anything at all? Like an agreement that says all deposits are non-refundable? Was it a security deposit or a holding deposit? A security deposit is completely refundable as it will only be used if there are repairs that are in order. But a holding deposit may not be refundable because that means, the landlord is reserving the place for you already. In most cases, you should be able to get the deposit back within 3 days from the time you paid. While other times, the holding deposit may not be returned or if refunded, it may already be prorated because the landlord would have to wait for another renter. However, due to the non-disclosure of bed bug problems, you may be able to convince your landlord to return the full amount of deposit. If he does not agree, then you can file for a complaint and let a mediator help. Good luck!

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