deposit not being returned

By Chavah

I filled out an application for an apartment in Denver, CO, gave them a money order for the application fee and a deposit to hold the apartment (which won’t be ready for move in for two weeks).  I was told I would know in 48 hours if I was approved.  I was also told it would be no problem if my current landlord would not release my rental history.  This was a Friday afternoon.  The following Wednesday I called to ask why I had heard nothing from them.  They told me I had been approved, oops sorry, not approved…we could not get your rental history from your current landlord. I told them because I had not heard from them, I had signed a lease with my current complex and would like to get my deposit back.  I was told they had 5 more days to determine my eligability and would not return the deposit.  I called their corporate headquarters and they said they will approve my application and if I want to move in I will have to pay twice the normal deposit.

 Long and short, the apartment wasn’t available for anyone to move in when I put down the deposit.  I don’t think they lived up to their end of the agreement and should return the deposit.  I have no problem with them keeping the ap fee.  At worst I think I should get 50% of the deposit back.

How is it they can keep all of the deposit?

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