Is a landlord allowed to rent an apartment after I have paid a deposit for it?

My roommate and I recently paid a $200 deposit for an apartment. We were told to come in and sign the lease tomorrow and move in on June 1st. Today, we received a phone call from the landlord and she informed us that the tenant currently occupying the apartment we're supposed to move into has decided to stay. Is she allowed to make us wait for the next available apartment even though we already paid the deposit for that apartment?|||Yes, she is allowed to do so. You did not sign a lease contract, and therefore have no rights to the premises. She is only required to return your deposit because she changed her mind based upon her current tenant's request.|||She must return the deposit to you. It's as easy as that. Unfortunately, this situation was out of her control. She either was misinformed by the tenant or should have never offered you the apartment to begin with.|||There is probably some kind of legal action you could take, like specific performance, but really, it's not worth it.|||Yes, but only if you still want to rent there. If you still want to rent there then you are 1st in line for the next open unit. If you want to rescind your application %26amp; find another complex then she needs to refund your deposit.|||the lease had not been executed so she is free to not rent to you. she can not make you wait; you can choose to wait or you can choose to get a refund of your $200.