Landlord keeping holding deposit

Landlord keeping holding deposit.
We viewed a property and decided to rent it, the landlord said we needed to pay a “refundable”holding deposit which we did. We then within 24 hours had to back out for good reason which we shared with the landlord. He didn’t take it off the market and stop advertising. When we asked for our holding deposit back he said he didn’t have it and Openrent had it. Open rent confirmed this and said it would be paid to the landlord after 30 days. We contacted the landlord several times before and after the 30 days and he is ignoring us. What can we do to get our money back?

It’s technically non refundable if tenant backs out.
(Refundable if referencing fails but not if false info provided)

Landlord has discretion in this instance.

Personally I would refund but wouldn’t have to.

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What do you think holding deposit means? You backed out so you lost it.

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When you paid it, were there terms and conditions that you signed/agreed to specifying the conditions under which it could be retained by the landlord?

We didn’t sign anything and we were not given any information about the holding deposit.

Was the holding deposit collected through Openrent?

Yes, openrent collected the payment.

Then its likely that there were t’s & c’s when you signed that you may have ignored. I suggest you speak to Openrent to get more information on this. If there is a loophole you can ask for your money back.

Thank you David, very helpful.

What a kind and thoughtful response!

Just trying to save you time.

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