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  • 79826
Question from Property4uNov-7
If I collect a deposit to hold a rental property for someone am I obligated to give it back if they decide not to rent the property?
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LegalEagleHelp Nov-9 79826.2
What does the lease state?  Does say its nonrefundable?  If it states a nonrefundable deposit then no you do not have to give it back.
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Fallen Nov-9 79826.3

LegalEagleHelp had a scarily inaccurate response.  There's no such thing as a "nonrefundable" security deposit; by their nature, security deposits are refundable.  A *fee* of X or Y may or may not be non-refundable (whether such fees are allowed or enforceable depends on the state).

If this wasn't documented as a holding fee, then it's a refundable deposit.  Your post isn't clear on the details and what the documents reflect.
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