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How do i get my deposit back?

How do i get my deposit back?

Old Oct 6th 2011, 11:04 am
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Default How do i get my deposit back?

Found a house to rent...paid a weeks rent ...today get a call to say a house we originally liked and is cheaper, close to school etc etc has came back up...

so no contract signed ...but will i lose my money it was $420
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Old Oct 6th 2011, 11:51 am
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Default Re: How do i get my deposit back?

What was the $420 for?
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Old Oct 6th 2011, 12:07 pm
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Default Re: How do i get my deposit back?

1 weeks rent .
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Old Oct 6th 2011, 12:26 pm
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Default Re: How do i get my deposit back?

Did you have to pay it with your application, like a holding fee? If you haven't signed a lease, then it is unlikely that you would get it back. Worth a try asking, but don't expect much. We had to pay a week's rent with one application, but we didn't get the lease, so the full amount was paid back to us. However, if you agreed to take the rental, then as far as I remember, you forfeit any "deposit"/holding/option fee if you then change your mind. This was in WA, though, might be different in other states.

Are you certain of getting the other, cheaper property? If you're not careful, you could end up losing both, and have to start the whole rental run-around from scratch. for you.
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Old Oct 6th 2011, 12:59 pm
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Default Re: How do i get my deposit back?

Originally Posted by HelenTD View Post
Did you have to pay it with your application, like a holding fee? If you haven't signed a lease, then it is unlikely that you would get it back. Worth a try asking, but don't expect much. We had to pay a week's rent with one application, but we didn't get the lease, so the full amount was paid back to us. However, if you agreed to take the rental, then as far as I remember, you forfeit any "deposit"/holding/option fee if you then change your mind. This was in WA, though, might be different in other states.

Are you certain of getting the other, cheaper property? If you're not careful, you could end up losing both, and have to start the whole rental run-around from scratch. for you.
going to see house tommorow, we put a letter through the door weeks ago, they were selling , and we asked if they would rent. They are moving to WA !!
Today estate called to say they will rent, application and portfolio ready, its not going on rental website, going to meet owner and look at house again...i know what you mean ...dangerous game if we end up losing both !! but the other one is $420 a week this one cheaper and just as nice..but sick at the thought losing the money..mmm
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Old Oct 7th 2011, 12:28 am
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Default Re: How do i get my deposit back?

What state are you in? Did you sign anything? It sounds like you paid a weeks rent as a holding deposit, to take the property off the market, get a lease drawn up etc. You will loose this if you don't follow through and take the property. You can ask for it back but I doubt you will get it. Its something to factor in when you say that the other property is cheaper.

Have you told the other agent that you may not follow through? If you haven't yet I would not until you know if you have the new one otherwise you may end up with neither and the agent you have been dealing with will not be keen on showing you any more.

Hope you get sorted soon - good luck
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Old Oct 7th 2011, 4:54 am
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Default Re: How do i get my deposit back?

Originally Posted by Scotty1 View Post
What state are you in? Did you sign anything? It sounds like you paid a weeks rent as a holding deposit, to take the property off the market, get a lease drawn up etc. You will loose this if you don't follow through and take the property. You can ask for it back but I doubt you will get it. Its something to factor in when you say that the other property is cheaper.

Have you told the other agent that you may not follow through? If you haven't yet I would not until you know if you have the new one otherwise you may end up with neither and the agent you have been dealing with will not be keen on showing you any more.

Hope you get sorted soon - good luck
have paid holding fee..a week ago still got no paperwork ??? so not impressed..cant say anything till we get accepted for this one !! talk about nitemare...this other one is $40 a week and includes pool maintenance ...im in QLD
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Old Oct 7th 2011, 7:38 am
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Default Re: How do i get my deposit back?

Originally Posted by rackcatt View Post
have paid holding fee..a week ago still got no paperwork ??? so not impressed..cant say anything till we get accepted for this one !! talk about nitemare...this other one is $40 a week and includes pool maintenance ...im in QLD
$40 a week including pool maintenance?

You're not making yourself very clear here, take a breath count to three and try and explain your situation a bit better.
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Old Oct 7th 2011, 7:53 am
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Default Re: How do i get my deposit back?

Originally Posted by rackcatt View Post
have paid holding fee..a week ago still got no paperwork ??? so not impressed..cant say anything till we get accepted for this one !! talk about nitemare...this other one is $40 a week and includes pool maintenance ...im in QLD
You might get lucky, but I think you really are going to have to expect to lose a deposit if you don't go through with a deal. Otherwise why would anyone bother taking deposits.
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Old Oct 7th 2011, 10:03 am
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Default Re: How do i get my deposit back?

Originally Posted by Bermudashorts View Post
You might get lucky, but I think you really are going to have to expect to lose a deposit if you don't go through with a deal. Otherwise why would anyone bother taking deposits.
If you haven't signed a contract then they can't hold your money for no reason!! i am not even sure why they asked for that money before you signed the contract! Usually you sign the contract THEN pay the money.

Get onto the RTA about it if they get funny!

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Old Oct 7th 2011, 10:19 am
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Default Re: How do i get my deposit back?

Originally Posted by Rudi View Post
If you haven't signed a contract then they can't hold your money for no reason!!
Well I assume they handed the money over for a reason. Do you hand money over to other people for no reason?
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Old Oct 7th 2011, 10:27 am
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Default Re: How do i get my deposit back?

Originally Posted by Bermudashorts View Post
Well I assume they handed the money over for a reason. Do you hand money over to other people for no reason?
Exactly my point - they have absolutely no reason to hold this money and they had no reason to ask for it. Therefore it HAS been handed over for no reason:

From the RTA Booklet Renting a House or Unit in Queensland: http://www.rta.qld.gov.au/zone_files.../17a-final.pdf

When you start a tenancy, you will need to:
read and sign a written General Tenancy Agreement (Form 18a) including the standard terms before you pay bond, rent in advance, or move in
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Old Oct 7th 2011, 12:28 pm
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Default Re: How do i get my deposit back?

Originally Posted by Rudi View Post
Exactly my point - they have absolutely no reason to hold this money and they had no reason to ask for it. Therefore it HAS been handed over for no reason:

From the RTA Booklet Renting a House or Unit in Queensland: http://www.rta.qld.gov.au/zone_files.../17a-final.pdf

When you start a tenancy, you will need to:
read and sign a written General Tenancy Agreement (Form 18a) including the standard terms before you pay bond, rent in advance, or move in
Okay... i was told the one weeks rent at $42o was to take house off for rent and secure it for us..its a break lease so im wondering if they can't get a contract until the other tenant leaves.
Either way they have taken the money and i have no written agreement but was told today by another estate agent " its not policy to return holding bon d" ...
the other house we have been told we been accepted, plus its $40 cheaper a week than the one we paid a deposit for ..and its including pool maintenance.
we have till 10am tommorow to secure the other rental. Then i can tell estate agent im not taking the $420 .. i could say we fed up waiting on contract and im not taking it ..can i have my money back please ..
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Old Oct 7th 2011, 12:36 pm
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Default Re: How do i get my deposit back?

Holding deposits are sometimes used in QLD, see info on www.rta.qld.gov.au/rent_payments_fs.cfm. Rackatt - you might be in luck.
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Old Oct 7th 2011, 1:34 pm
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Default Re: How do i get my deposit back?

We were told that if we gave a holding deposit and decided against the house, then we would be entitled to our holding deposit back. My agent said those were REIQ rules.
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