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Apartment not able to refund holding deposit even after being denied? LONG, BUT PLEASE HELP.

Posted by Anonymous   + Show Post

My husband and I found an apartment we were interested in. We filled out an application and paid $175 for them to hold the apartment for us until we were approved. Four days pass and they tell us we've been denied due to a misdemeanor that my husband had expunged years ago. We informed them we hired a lawyer to have that charge taken off his record and faxed her the paperwork. After she looked it over, she told us she would lease to us if we paid $140 more for rent. Me and my husband discussed it, then decided to call her back to work out some sort of agreement. She then tells us we would need to pay $800 up front in order to move in, we told her couldn't pay that right away but we could the following week. She calls the next day asking, "Are you sure you can't lease the apartment today? It's going to be an extra $40 if you wait." after she told us that, we were starting to rethink leasing there. We called her the next day and told her we had changed our mind, we would like to have our deposit back for holding the apartment. She said it was nonrefundable. Is she required to keep the holding deposit even after denying us and then charging more money in order to lease?

Posted by Anonymous on Jan. 11, 2013 at 3:51 PM
Replies (11-19):
ExpectingAubri
by on Jan. 11, 2013 at 4:02 PM

I would say the deposit is probably non-refundable. But it sounds like discrimaination.

Amybelle
by on Jan. 11, 2013 at 4:02 PM


Quoting Anonymous:

My husband filled out most of the application while I was looking the apartment unit over so we asked them to fax a copy of the application to us a few hours ago. Still waiting. We already tried getting a hold of the higher-ups, they said it was just between us and the apartment complex. We spoke with an attorney and he said they cannot keep the deposit under bad faith, would this be considered bad faith to you?

Quoting young_lv_mom:

Does she work for a company? If so call up the main place to see about fixing it. If she is the top person try to get a lawyer or check the laws in your area, did it say it was non refundable when you gave it to her? Did you sign any paper work?


NO Bad Faith.....they held it while you waited to get approved.

young_lv_mom
by Silver Member on Jan. 11, 2013 at 4:03 PM
I have no clue, did he give you an idea of what bad faith would be? If anything you two might want to drive over and get a copy, and keep all copies you sign to cover your butts later. I hope it all gets worked out for you guys.

Quoting Anonymous:

My husband filled out most of the application while I was looking the apartment unit over so we asked them to fax a copy of the application to us a few hours ago. Still waiting. We already tried getting a hold of the higher-ups, they said it was just between us and the apartment complex. We spoke with an attorney and he said they cannot keep the deposit under bad faith, would this be considered bad faith to you?

Quoting young_lv_mom:

Does she work for a company? If so call up the main place to see about fixing it. If she is the top person try to get a lawyer or check the laws in your area, did it say it was non refundable when you gave it to her? Did you sign any paper work?


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UpSheRises
by Silver Member on Jan. 11, 2013 at 4:03 PM

Most deposits are non-refundable.

Besides, while you were denied initially they DID offer to accommodate you. You said no, so i don't think they are on the hook.

I think it's a good choice not to rent there though...seems unprofessional at best.

tossed
by Platinum Member on Jan. 11, 2013 at 4:03 PM

What does your paperwork say? I tend to think the apartment is right. They did deny, but you asked them to reconsider, which they did. The upfront money would include deposits and the first month rent...pretty standard. They took the apartment off the market for you to work out your situation...they were willing, in the end, to approve you, but you turned it down. 

Anonymous
by Anonymous 6 on Jan. 11, 2013 at 4:05 PM

It all depends on if and what you signed when you paid the deposit.

tiggerbabie177
by on Jan. 11, 2013 at 4:06 PM

This doesnt sound right to me...they r using that money to hold the appartment for u...u were denied or changed ur mind so they should give it back...

Deposits ARE refundable if it says so in the lease...every place we have lived at we have gotten a portion of the deposit back after they did an inspection and fixed anything we might have damaged...that is what the deposits are for! to cover that sort of thing.....

And yes this sounds like a bad faith issue and I would totally talk to ur lawyer about it some more.....and include the discrimination issue too! 

DiANAiVELiSSE
by Silver Member on Jan. 11, 2013 at 4:06 PM

 not necessarily.. I used to be a property manager and it all depends on the papers signed and the agreement made.. the only non-refundable deposits we did were for animals..

Quoting Amybelle:

Deposits are NON-Refundable......you're outta luck


BluePandaDreams
by on Jan. 11, 2013 at 4:08 PM
I can't see how it is even legal to charge more rent for someone with a police record, regardless of the charges. And from the way it sounds, I wouldn't want to livs there anyways. Now I do know a fee to run a credit/background check is non refundable, but I have always gotten back money I put down to hold an apartment but decided to decline. I would see what rights you have in your state as a renter and go from there. She may be legally able to do this. Also read through any paperwork you all signed.
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