Pressured to Sign Lease Before Move In Date w/o Viewing Unit (Chicago: apartment complexes)

[qanda2010]

I have decided to rent an apartment in Chicago with a move in date during the first weekend in March. I paid a $400 deposit to be applied to the first month rent. I was told that this was needed to be done to hold the unit which I havent actually seen. Now the management company has asked me to sign the lease today although the move in date is over a month away. I refused since I havent seen the unit. I'm willing to sign it on the agreed upon move in date after a walk through has been done. The management company is threatening to put the unit back on the market and not refund my $400. Is it legal for them to force me to sign a lease before viewing the apartment and relinquish my deposit if I dont?

Please advise.

[knitgirl]

Most landlords will not hold an apartment for all that time without a lease. A $400 deposit is nothing. If you decided not to take the apt, they could be out a month's rent. Did they explain why you can't see it? Most leases allow landlords to show the apartment in the period before a lease is up if the tenant isn't renewing. They have to give the tenant reasonable notice. I wouldn't rent an apr w/o seeing it either, it could be the pit of the building.

[s0nginmyheart]

Was there any documentation (perhaps on your rental application) that you signed that stated your security deposit was non refundable?

[emathias]

Why on earth would you put down a deposit on a place you're not willing to sign a lease for?

A deposit is primarily to protect a landlord from loss of rent, not from damage to the unit. So if you put down a deposit you're effectively telling the landlord you're planning to rent the unit. It's very unwise to do that if you haven't seen the unit and desire to do so.

Basically, even without a written lease (the deposit effectively establishes an oral agreement even if there is no written lease), if the landlord is willing to rent to you he has a right to keep your deposit unless he finds a replacement tenant. He is willing to rent to you, so now it falls on you to either rent the place or find someone else who will. In Chicago law, he has to actively seek a new tenant but if he doesn't find one and you don't give him one, he can (and probably will) keep your deposit.

Next time realize what a deposit is for, and don't try to game the system by having your cake (taking the apartment off the market) and eating it too (by still wanting your deposit back with no recourse for the landlord).

[DogStar5988]

I had to do the same thing when I got my apartment, I thought it was pretty risky too but I really liked that area and I had a friend look at the place for me. The first time I saw the apartment was the day I moved in. If your not in the area maybe you can have someone you know look at it for you and take pictures. Also the manager of my building was willing to take pictures of the unit for me so maybe that is an option also?

[StrayKitten]

I've heard of this happening in apartment complexes in the suburbs, but not the city. My friend works at one in Dupage County. She can only show the model apartment and point out the building where the rental will be. She can also tell them if they will have a view of the parking lot or the pool and what floor they will be on. Personally, I wouldn't rent an apartment this way. You never know what the building you will be in will be like. In my friend's complex, there are some buildings that are better than others. Some that are quiet and some that have kids or troublemakers living in them. Also, some that reek with the smell of curry and other strong cooking odors. You don't know until you move in...

[Plecomanrl]

They should offer images/pictures of the apartment that is reserved for you. A lease can be signed upon moving in! It is a renters market, for now!