Yes, apartment deposits can be refundable even if you don’t move, but the lease and state rules decide what you get back.
Rental plans can change. You pay money to lock in a unit, then a start date shifts or a roommate drops out. Now you want an answer: will the landlord return the deposit if you never move in?
You can get to an answer by clearing up one detail: what the payment was. Listings and receipts use “deposit” as a label. A security deposit, a holding deposit, and a fee follow different refund rules.
Are Apartment Deposits Refundable If You Don’t Move?
If you did not take possession of the unit, a security deposit often comes back because there’s no occupancy-related damage to charge. Still, money can be kept when the paperwork treats it as a hold payment, a screening fee, or a charge tied to a signed lease. State statutes shape what can be kept and how it must be explained.
If you’re stuck on are apartment deposits refundable if you don’t move?, start with the receipt label and the papers you signed.
| Charge name you might see | Refund is common if you don’t move? | What usually decides it |
|---|---|---|
| Application fee | No | Fee disclosure; screening already performed |
| Holding deposit / unit hold | Sometimes | Signed hold terms; time the unit was held |
| Security deposit | Yes, often | State deposit statute; lease terms; itemized deductions |
| “Nonrefundable deposit” | Depends | Whether state law treats it as a fee; required wording |
| Pet deposit | Yes, often | Deposit vs pet fee label; allowed deductions |
| Administrative fee | No | Lease or fee sheet; disclosure timing |
| Last month’s rent prepayment | Sometimes | Whether the lease starts; whether rent is owed |
| Entry fob / access card deposit | Yes | Return of items; replacement cost if missing |
What “don’t move” means and why it matters
Two renters can say “I didn’t move,” and be talking about different timelines.
You paid to hold the unit and then canceled
A hold payment reserves the unit while marketing is paused. Many landlords write terms that let them keep the money if you cancel. Your best angle is the paperwork: did you sign hold terms, and what do they say about cancellation?
You signed a lease but never took possession
Once a lease is signed, rent can be owed even if you never enter the unit. Some landlords apply your money to rent owed, a set cancellation charge, or re-rental costs listed in the lease. In many states, landlords must also try to re-rent to reduce losses.
The landlord couldn’t deliver the unit
If the unit isn’t available on the promised start date, you’re often in a strong position for a full return. Save the promised start date in writing, then request the refund.
Apartment deposits refundable when you don’t move in: how labels work
Most refund fights come from labels. Renters hear “deposit” and expect a return. Landlords sometimes use “deposit” for money they plan to keep, like a processing charge. Many states draw a line between a deposit (money held for later return, minus allowed deductions) and a fee (money paid and kept for a service).
Security deposit vs holding deposit
A security deposit is usually linked to unpaid rent and damage beyond normal wear. If you never occupy the unit, the damage part usually drops out. A holding deposit is closer to a reservation. If you cancel, the landlord may claim the money as compensation for taking the unit off the market. Either way, the keep-or-return rule should be in writing.
Fees that get mistaken for deposits
Application fees and admin fees are often not returned. If you were shown one price and later billed extra line items, save the listing and the quote you relied on. That record is what you use to challenge unclear disclosures.
What a landlord can usually keep if you never move in
When you never took possession, deductions tend to fall into a few buckets. Seeing them ahead of time helps you push back on charges that don’t fit.
Screening costs
If screening was done, refunds are uncommon. If screening was never performed, ask for proof of the screening action and request the fee back.
Rent owed under a signed lease
If you signed a lease, the landlord may claim rent for the period the unit sat vacant. Ask when marketing restarted and when the unit was re-rented. If the unit was re-rented quickly, the rent claim may shrink or drop out.
Re-rental charges listed in writing
Some leases list a flat charge for re-leasing or advertising. Ask where it appears in the signed paperwork and what it pays for. If it’s not in the signed documents, ask why it’s being charged.
Access device replacement
If you received an entry fob or access card and did not return it, a deduction can make sense. If you never received any access device, say that in writing so there’s no confusion later.
How to ask for a refund without turning it into a fight
A clean request is more effective than a long one. You want a record that matches the documents and gives the landlord a clear way to say yes.
Step 1: Gather proof in one place
- Receipt showing amount, date, and payment label.
- Hold form or lease, plus any addenda.
- Messages showing the promised start date and unit details.
- Your written cancellation notice with the send date.
Step 2: Send a short request with a date
State the unit, the payment label, the amount, and the date paid. State that you did not take possession. Ask for the refund by a specific date, and request itemization for any deduction.
Step 3: Keep contact in writing
If you talk by phone, follow up with an email recap: who you spoke with, when, and what was agreed.
When disclosures look shaky
Some disputes are about fees that weren’t explained clearly. U.S. regulators have started pushing back on misleading rental fee practices. The Federal Trade Commission press release on withheld security deposits and junk fees shows the types of claims regulators pursue.
State deposit statutes and your position
Security deposit law is state-by-state. Many states set a return deadline and require itemized deductions. Since the details vary, an official state publication is the safest place to confirm the rule set for your location.
Even if you’re not in California, the California Department of Real Estate landlord-tenant guide (PDF) is a useful model of how itemization, deadlines, and allowed deductions can be presented.
Timeline checklist you can track in one glance
Use the table below to track requests and replies. It keeps attention on dates and documents, which is what most disputes turn on.
| Time point | Action | Record to keep |
|---|---|---|
| Day you cancel | Send cancellation and refund request by email | Email copy, receipt, listing screenshot |
| Next 1–3 business days | Ask how the payment is labeled in their system | Written reply, policy excerpt, signed hold form |
| Within 7 days | Request itemization for any withheld amount | Itemized list, invoices if shared |
| After your stated date | Send a formal demand letter with dates and totals | Letter copy, mailing proof, lease clause screenshot |
| If the issue continues | Use state complaint channels or file in small claims | Full packet, timeline notes, payment proof |
| When money arrives | Match the amount to the itemization | Refund proof, final statement |
| If the refund is short | Reply with your math and request the missing amount | Breakdown, statement copy, email thread |
Two email templates that stay calm and clear
Short messages get read. These also keep your request tied to dates and paperwork.
Refund request
Subject: Refund request for [unit details] payment
Hello [name], I paid a [payment label from receipt] of [$amount] on [date] for the unit at [unit details]. I did not take possession and I’m canceling before move-in. Please refund the amount by [date]. If any portion will be withheld, please send an itemized statement showing each deduction and amount. My mailing details are [mailing details].
Follow-up
Subject: Follow-up on refund request for [unit details]
Hello [name], I’m following up on my refund request sent on [date]. Please confirm the refund status and the date it will be issued. If any amount will be withheld, please send an itemized statement.
Quick ways to lower risk before you pay
- Ask in writing whether the hold payment is returned if you cancel.
- Ask whether the hold payment is credited toward the security deposit or first month’s rent.
- Get the start date in writing and ask what happens if the unit isn’t ready.
- Ask for a fee sheet before you apply and keep a copy.
A plain answer you can use today
If you’re still asking “are apartment deposits refundable if you don’t move?”, start with the receipt label and whether you signed a lease. No lease plus a hold payment often means the signed hold terms decide it. A signed lease means rent claims can enter the picture, but they should match the real vacancy period. A true security deposit with no possession often comes back unless the paperwork lists a lawful deduction.
Write this and send it: “I’m requesting the return of my deposit. I did not take possession. Please refund the amount by [date] or send itemization for any deduction.” If the landlord pushes back, ask them to point to the signed clause that allows keeping the money.
This article shares general information and isn’t legal advice. State and city rules can differ.