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Old 07-29-2011, 10:52 AM
 
10 posts, read 17,185 times
Reputation: 11

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I tried to rent a new apartment since my current lease is going to end very soon. So I talked to one apartment complex, I decided to apply for this aparement complex D.

They said there would be a $314 move-in-special and you have to pay $214 first when you apply. Then you have to pay the rest of $100 when you get the key next Friday. Please make sure call the Electric Company to start your account on Wednesday. I asked - do you mean our application would be approved since you want me to start Electric before we get the key? She said - no, it won't be denied.

Before I call the Electric company, I went there again to make sure. She said my application will be denied since you don't have a good credit. I was a little upset, but I was still ok. So I asked if I can get my money back since I was denied. Her manager said you can only get $149 (administration fee)back, and the application fee $65 is not refundable. You can come to get the check after 2 days.

I think that's reasonable to be charged application fee. So I called 2 days later to ask my $149 application fee back. The manager said she won't give to us. I was really mad so I called the apartment complex D's parent company L.

Everytime I call parent company L, I was transfered back to company D. Finally I talked to someone from L, they said the same thing to me. I was really pissed off and wondering --

Is it fair to charge my administration fee when my application was denied? Should I go to the parent company in person to talk to them?They told me I would get the key so that I paid the money, otherwise I won't. Any opinions wille be appreciated!
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Old 07-29-2011, 11:47 AM
 
420 posts, read 1,061,111 times
Reputation: 359
What does your written and signed application say about returning admin fee and app fees
?
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Old 07-29-2011, 01:08 PM
 
Location: Downtown Harrisburg
1,439 posts, read 2,701,884 times
Reputation: 987
Exactly - find out what your application paperwork says about the fee, and find out what (if anything) your state landlord-tenant act says.
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Old 07-29-2011, 01:20 PM
 
4,919 posts, read 15,174,422 times
Reputation: 6004
Questions,
1. when you said you asked for your $149 application fee back did you mean to say application deposit? The appication fee is non refundable so did you just confuse the words?

2. when you went to apply, did they have posted their application requirments or did they give you a form telling you what their requirments are?

3. Did you get anything in writing about the application being rejected by them?

4. How many days has it been since they formally rejected the application?

5. What state are you in?
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Old 07-29-2011, 09:26 PM
 
Location: In a valley by a river
3,971 posts, read 3,571,670 times
Reputation: 7353
Yes, we can't help w/o knowing the state. Different laws, but in general an app fee is non-refundable. A holding deposit (call it whatever you want app deposit, move in future payment) usually must be refundable if the LL denies.

Note - if you think you may be denied DON"T pay an app fee. Many properties make substantial income off denying people. If you are a big complex and turn down say 50 people a month at $40.00 each - that pays for your managers salary. I wouldn't be surprised if some places had a quota.

My company (we own rentals) does not charge an application fee until AFTER we are reasonably sure we will approve the applicant. What I do is request prospective tenants provide us with a recent credit report which they can pull free and even use our computer if they wish.

There are situations where someone has great credit, but we find undisclosed criminal events or their current residence is a pig sty, and have to deny.
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Old 03-07-2016, 09:12 AM
 
3 posts, read 3,360 times
Reputation: 10
So can you or can you not get your admin fee back? I am upset that it clearly states it can be refunded after denied but not one lawyer has bothered to answer me. It's been a year and I have constantly tried calling and asking nicely for my money back after I was denied. Someone, please answer bc this should be illegal. Also, another complex said I can get it back if I prove that it was mine in the first place with my money order receipt. I can't find it. I know I had it but something is leading me to believe that the lady in the office stole it and refuse to give it back- that's why she keep telling me to prove it. T.T Because of all of this I have been put far into debt just by trying to find a stupid place. I live in Texas and this is ridiculous because the tenant assoc say that they can't keep your money yet they are clearly keeping my money. The admin fee is for when you actually move in so that they can clean and fix the apt. Yet we never moved in and one of the places we never even finished the application because they needed so much stuff that we were like just forget it please give us our money back- that should have been a red flag bc the lady swore she sent it to me. I clearly did not receive it. I've been patient over and over again and I finally find someone else has the same issues, even though the date is late, I know someone has some answers out there.
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Old 03-07-2016, 01:23 PM
 
Location: Phoenix, Az
1,600 posts, read 682,802 times
Reputation: 1583
No proof of payment no proof you paid so you can't expect to get anything back if you can't prove it.
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Old 03-08-2016, 04:15 AM
 
3 posts, read 3,360 times
Reputation: 10
I have proof for three places.... that was just the one that it went missing.
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Old Today, 09:10 AM
 
Location: FL
33 posts, read 5,547 times
Reputation: 45
Quote:
Originally Posted by Angelddrbutterfly1 View Post
So can you or can you not get your admin fee back? I am upset that it clearly states it can be refunded after denied but not one lawyer has bothered to answer me. It's been a year and I have constantly tried calling and asking nicely for my money back after I was denied. Someone, please answer bc this should be illegal. Also, another complex said I can get it back if I prove that it was mine in the first place with my money order receipt. I can't find it. I know I had it but something is leading me to believe that the lady in the office stole it and refuse to give it back- that's why she keep telling me to prove it. T.T Because of all of this I have been put far into debt just by trying to find a stupid place. I live in Texas and this is ridiculous because the tenant assoc say that they can't keep your money yet they are clearly keeping my money. The admin fee is for when you actually move in so that they can clean and fix the apt. Yet we never moved in and one of the places we never even finished the application because they needed so much stuff that we were like just forget it please give us our money back- that should have been a red flag bc the lady swore she sent it to me. I clearly did not receive it. I've been patient over and over again and I finally find someone else has the same issues, even though the date is late, I know someone has some answers out there.
I know I am a few months late here but also make sure to contact the police and other consumer rights groups and mention to them that you think there is "organized fraud" occurring in regards to application fees and money paid upfront. You might even look for federal groups to complain to. They may or may not investigate but if they get a lot of complaints on these people eventually they will and it is likely they may be going to prison.

Also look for review sites and media organizations to tell your story to. Be a pain in their backsides and make sure you make them earn that money they took from you ten times over!

Also for any tenants reading who decide to go through with paying holding money or deposits before being granted tenancy make sure to document everything including names, dates and times for later use. Make sure to get receipts too of course! Even get pictures if possible. If something happens you will have a much better chance of getting your money back. Personally if this happened to me I would get the picture of the person who took my money and tell them that if I don't get my money back soon I am going to do everything I can to personally put them in prison for fraud! Sometimes these property managers just think they are "just doing their jobs" and don't realize that they can be personally held responsible for wrongdoing. They need an awakening so to speak. The threat of possible jail time and a criminal record can go a long way.
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Old Today, 02:39 PM
 
Location: Palm Coast, FL
1,408 posts, read 3,009,705 times
Reputation: 979
It's very frustrating. I had an application in on a place a couple years ago. When we toured they had no apps. When we picked up the app they had no other apps. When we dropped off the app and paid the non-refundable fee at their office closing time, they had no other apps. When I called the next day to follow up they suddenly had 2 other applicants on the property. In the end they didn't say we were denied, they used the phrase "another applicant was selected". Naturally, the $100 application fee was not refundable. I bet it was a small price to pay to not have to deal with thieves.

Quote:
Originally Posted by paradigmfl View Post
Also for any tenants reading who decide to go through with paying holding money or deposits before being granted tenancy make sure to document everything including names, dates and times for later use. Make sure to get receipts too of course! Even get pictures if possible. If something happens you will have a much better chance of getting your money back. Personally if this happened to me I would get the picture of the person who took my money and tell them that if I don't get my money back soon I am going to do everything I can to personally put them in prison for fraud! Sometimes these property managers just think they are "just doing their jobs" and don't realize that they can be personally held responsible for wrongdoing. They need an awakening so to speak. The threat of possible jail time and a criminal record can go a long way.
I really foresee a world where people start wearing those body cameras the police are using in business deals like rentals and car sales. It's sad, but at least it'll keep everyone honest.
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