Is it possible for me to get back a deposit that my landlord refuses to give back?

I paid my landlord a deposit as a holding fee while I was waiting on my housing voucher and she all of a sudden backs out and is refusing to give my deposit back.
June 25, 2025 13 4

Full Conversation

I paid my landlord a deposit as a holding fee while I was waiting on my housing voucher and she all of a sudden backs out and is refusing to give my deposit back.

I'm sorry to hear about the situation with your landlord. Have you signed any agreement or contract regarding the holding fee and deposit?

No, I signed a lease draft but it didn’t state anything about the holding fee.

When did you inform your landlord about receiving the housing voucher, and did you have any discussions about the return of the deposit at that time?

I informed her this morning of me having my voucher and yes I asked about the deposit and she only offered to give me half.

Is there anything else the Landlord-Tenant Lawyer should know before I connect you? Rest assured they'll be able to help with your deposit issue.

Yes, one moment.

Angelo M

Greetings! Thank you for choosing AskaLawyer as your legal assistance provider. My name is Angelo, and I'm an experienced and licensed attorney with over 40+ years of practice in the field of Law.

This was her statement:

"I will refund you half of the deposit you had paid, due to lost rent and opportunity for having someone move in. Please let me know an address where I can send your money. I will send you a money order."

Angelo M

In general, holding fees or deposits should be covered in the lease or a separate agreement to clarify under what circumstances they are refundable. If no such agreement is in place, it can be more challenging to enforce your rights, but there may still be recourse depending on your state's laws.

Since you’ve informed the landlord about your housing voucher, and they’re only offering half of the deposit back, it might be helpful to review the laws regarding holding fees in your jurisdiction. Some states or localities have specific rules about returning deposits or holding fees when the lease is canceled, especially if the tenant has a legitimate reason, like receiving a housing voucher.

You could also try contacting a local tenant's rights organization for more specific advice or consider sending the landlord a formal letter requesting the return of the full deposit.

Angelo M

I hope I was able to help you and answer all of your questions and concerns. Is there any part of my response that you need clarification on or any further information? Did you have any other questions on this subject for me today?

No, you have covered everything thanks so much.

Angelo M

You’re very welcome! Thank you so much and Happy New Year to you and your extended family!