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Advice needed - Holding Deposit paid for rental unit


BrownEyedGal

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Hi PIOers

 

Very briefly. I put a $400 "non returnable" holding deposit on a 2 bed unit, which would then be taken as part of my $1600 deposit. leaving $1200 to pay.

 

However the agents have now told me that the full deposit is over $2,000! No warning and no explanations.

 

I've already lambasted them stating that's not what was agreed on when I gave the original holding deposit. They are refusing to give my holding deposit back.

 

I understand it is non refundable - but surely its non refundable under the original offer of $1600? Are agents (LJH) allowed to move the goal posts? Is this something that usually happens that agents can put up deposits without advising the potential renter?

 

What are my options to have my money returned? I am thinking small claims court, since they are not responding to my requests for the return of funds; or half and half, which I think is fair.

 

Are there any other options, that can be done - I could be using this towards another rental.

 

I'd be grateful for any ideas or legal options.

 

BEGal

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Are you certain that you are not confusing the deposit with the first one/two weeks rent?

 

Normally before you move in, you pay one month as deposit plus the first one/two weeks rent.

 

Thanks for all the replies so far.

 

It was definitely a holding deposit as it was before the Easter break.

 

The agent I viewed the property with, was the person I paid the deposit to. She explained that it would come off the $1600 deposit. When I went in after the Easter break, she gave no explanation as to why the deposit had increased. (Yes I was livid and downright angry). The rent is $400 per week. The deposit was paid by bank transfer. I am going back armed with facts and not leaving until at least I get half, or all of my money and an apology.

 

The agent is based in NSW, (Lane Cove).

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In QLD the total of ALL the deposits (unit, key, pet bond etc) can only be 4 times rent unless rent is more than $700 p/w.

 

The RTA has a fact sheet out which tells you so. Arm yourself with a copy and march around there asking for an explanation. You'll have to check with the relevant state RTA if you're not in QLD

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