Do I have a right to have my security deposit returned?

I change my mind about renting an apartment two days after I paid the security deposit. I called the landlord, who stated she would return the deposit as soon as she rented the unit out. I never moved into the unit, as i changed my mind when I did the final walk-thru. I know that the unit is now rented, but she's not returning my calls. I live in Wyoming.|||As a general rule, the landlord would be required to return any "nonrefunable" fees collected as long as you were given notice that those fees were in fact nonrefunable. Here's Wyoming's security deposit law from www.rentlaw.com





1-21-1207. Required notice of nonrefundable deposit.





Any rental agreement shall state whether any portion of a deposit is nonrefundable and written notice of this fact shall also be provided to the renter at the time the deposit is taken by the owner or his designated agent





1-21-1208. Deductions from deposit; written itemization; time limits; failure to give notice; recovery by renter; utilities deposit; penalty.





(a) Upon termination of the rental agreement, property or money held as a deposit may be applied by the owner or his agent to the payment of accrued rent, damages to the residential rental unit beyond reasonable wear and tear, the cost to clean the unit to the condition at the beginning of the rental agreement and to other costs provided by any contract. The balance of any deposit and prepaid rent and a written itemization of any deductions from the deposit together with reasons therefore, shall be delivered or mailed without interest to the renter within thirty (30) days after termination of the rental agreement or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later. If there is damage to the residential rental unit, this period shall be extended by thirty (30) days. The renter shall within thirty (30) days of termination of the rental agreement, notify the owner or designated agent of the location where payment and notice may be made or mailed.





(b) After termination of the rental agreement, property or money held and separately identified as a utilities deposit shall be refunded by the owner to the renter within ten (10) days of a satisfactory showing that all utility charges incurred by the renter have been paid. Absent such showing within forty-five (45) days of termination, the owner shall within fifteen (15) days thereafter, apply the utilities deposit to the outstanding utility debt incurred by the renter. Any refund due to the renter shall be paid within seven (7) days after the utility deposit has been applied to the renter's utility debt, or within fifteen (15) days after receipt of the renter's new mailing address, whichever is later.





(c) If the owner of a residential rental unit or his agent unreasonably fails to comply with subsection (a) or (b) of this section, the renter may recover the full deposit and court costs. In an action by a renter pursuant to this section, if the owner is the prevailing party and the court finds the renter acted unreasonably in bringing the action, the owner may be awarded court costs in addition to any other relief available.





Wyoming Landlord Tenant Laws





Wyoming's Landlord/Tenant laws are found in Title 1, Chapter 21, Article 12 of the state statute. Landlord and tenant issues are often complex. If a problem can not be resolved, then the renter may contact an attorney or Legal Aid Services of Wyoming located at 441 South Center Street, Suite 200 or by calling 237-5266|||not neccessarily. The landlord usually has the right to keep it based on lost rent if you changed your mind. I don't know if there is a time limit though you city should have a tenants and landlords handbook available with the rules and regulations|||You most certainly have the right to get your security deposit back. Not only for the simple reason you never actually moved in, but for the fact that it is called a "security " deposit to secure the apartment....you never secured anything...fight to get your deposit back..|||I would sue her in small claims, while yes you singed a contract, paid a deposit you did not move in, and the landlord found some one to rent the unit, thus they have mitigate their damage, at the best the landlord may keep a part between when you where supposed to move in and when the new people moved in|||chech your lease and talk to a para.|||She didn't give you a copy, which was wrong, but she can still keep your deposit, but ONLY for expenses directly associated with renting the apartment.





For example, if you were supposed to be moved in on Sept 1, and she got a tenant on Sept 5, then she could keep the pro-rated amount of five days but she has to return the rest. You can sort of figure out how much she should keep.





If you paid a huge deposit and she is keeping more, then take her to court...she can actually be liable for treble damages in some states.