Mom Confessions
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?
Replies
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Depends on the paperwork you signed.
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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? -
Deposits are NON-Refundable......you're outta luck
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This happened to my friend....she put $300 down for a deposit, but they told her was wasn't approved because she had an outstanding debt to another apartment and until she fixed it she couldn't move in. So she asked for the $300 back and they lady said she wasn't going to give it back because they techincally didn't turn her down, she could move in if she took care of the other debt.....so she basically ate that $300
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Sounds like you're being discriminated against. There's no reason they should of seen the misdemeanor then charge 140 more a month, I'd get a lawyer
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This. Although I'm curious how she found an expunged conviction. You might want to call the attorney about that. I'm not at all saying s/he did anything wrong with the expungment, but it's not supposed to show up on things like this.
Quoting Anonymous:
Depends on the paperwork you signed.
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IMO, at the initial denial of the apartment, they should have refunded the money, then they accepted your original claim. that's where it gets a little tricky. was there any paperwork they gave you or a receipt? I think I would file something with small claims anyways to see if you can get any part of the downpayment back. Also, if it was a check, cancel the payment on it, if there is still time.
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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? -
every place I have rented from had a non-refundable holding fee. you are giving them money to hold that apt so they don't rent it to somebody else. if you change your mind or get denied that is what that holding fee is for.
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You ror any won't get your deposit Back... But you can nail her ass for discrimination if she changed the price on you due to the police record.... Expunged or not.