I inspected an apartment and wanted to rent it. I put a $750 deposit and agreed that I would pay the first months rent of $750 when I was going to move in. The place was really bad and needed paint and repairs that I was going to perform. That's why the deposit was up front so the landlord would give me access to clean and paint. I asked if the property was in foreclosure and was told NO it was not.

I did some research and found that in fact it was in foreclosure since Sept. 2009. I contacted the landlord and told him I did not want to rent the unit based on the misrepresentation of the state of the property. He was upset but agreed to return my deposit.

I never signed a lease or rental agreement.

Well he wont take my calls and wont reply to my emails and has not returned my deposit.

Am I due the deposit back? Can he keep any of it? How can I pursue this properly?

Thanks for any help!