U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > U.S. Forums > Oregon > Eugene area
 [Register]
Eugene area Eugene - Springfield metro area
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
 
Old 06-27-2011, 11:14 PM
 
2 posts, read 3,085 times
Reputation: 11

Advertisements

Sorry for such a short title.

Recently applied for an apartment in oregon, thought they were a studio apartment, there is nothing on their website or anything else to suggest otherwise. There is a vague hint, but nothing to clearly state that they are, in fact quad apartments. Four rooms with a shared kitchen and bathroom. I filled out an application and sent them a check before i was told what the apartments really were.

I never signed the actual lease, or the agreement for a reservation, they didn't have a room reserved for me, they simply ran a credit check on me based on my application (which again, had no signature or lease agreement, and nowhere on their website, forms, etc. Did they have notice of a cancellation fee, or anything to suggest they could keep my money before i signed the lease.)

I e-mailed them several times, explaining i had mistook the apartments for something else, and would like my money back. I even went up there, i live in california, and told they i would pay 50 as a processing fee, but i wanted the rest back.

The manager told me that he would not return any of it because i had an "intent" to move in. Therefore, they can keep the money without a signed agreement or any form of legal documentation.

Can i take legal action? Is he allowed to do this?

Would really appreciate some kind of advice or feedback.

Last edited by observer53; 06-28-2011 at 08:19 AM..
Rate this post positively Reply With Quote Quick reply to this message

 
Old 06-28-2011, 11:50 PM
 
6,061 posts, read 14,069,980 times
Reputation: 7132
This is probably a question more for a real estate lawyer, or perhaps a legal office who represents tenants rights and such.

Most places we have rented from do not require anything aside from an application fee and deposit up front to hold the unit for us. Is this what you paid? I have heard of places which regard the deposit as your claim on the unit, and if you decide to back out they keep the deposit or a portion of it. It is fair, because they have to protect their interests as well. It's not their fault that you didn't check the unit out before sending them the deposit to hold it for you - if that's what you did.

But if you paid more than that, and it's like first months rent or something extra that you're wanting back, I dunno. I'd talk to a professional who knows about these things.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 06-29-2011, 10:53 AM
 
2 posts, read 3,085 times
Reputation: 11
There was no fee, they were not holding anything for us, like i said before.

And once again, there was nothing on their site that indicated that they were a quad unit.... And i live 9 hours away, so i find it a little hard to check the place out whenever i want. I assumed general information, such as what kind of an apartment it is, would be the first thing they would talk about.

They have done nothing but run a credit check, there is still no apartment waiting for me, and i still have not signed any lease, or fee, or deposit form.

And no, it is not fair, he never stated that there was a cancellation fee, or gave any reasonable explanation for keeping the money beside, "i think, personally, that you gave an intent to move in because you contacted us, so we can't give the money back"
Rate this post positively Reply With Quote Quick reply to this message
 
Old 06-30-2011, 12:16 AM
 
6,061 posts, read 14,069,980 times
Reputation: 7132
Well, whatever is going on - nobody on the city-data boards is going to be able to solve the issue for you. I'd talk to a lawyer that specializes in this kind of issue. If you are a college student you might have free legal aid through your school. Some companies also offer legal advice or help depending on your benefits package. There are also pro-bono legal services you can find out there. Good luck.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 07-01-2011, 12:02 AM
 
Location: Beaverton
640 posts, read 1,503,189 times
Reputation: 402
If you gave them a deposit, you can't get it back. When you give someone a deposit it means they ARE holding your apartment for you. Who knows how many other potential renters were turned away because the unit was being held for you. It doesn't matter if you signed a lease or not, simply by sending the money you showed intent to rent the place and the place was taken off the market.

Now they will have to re-list the unit and find a new tenant to rent it, that takes time and money -- that's what your deposit pays for.

IF you had, in fact, moved into the apartment then the deposit would be used as a portion of a future rental payment (usually your second months rent), therefore it is refunded to you. The application fee is something else entirely and is never refundable - even if you don't qualify to rent the place.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 07-01-2011, 09:56 AM
 
5,546 posts, read 9,366,723 times
Reputation: 2792
I'm curious. How much money are we talking about here? Is it even worth your time to pursue it? If it's more than what it would cost you to hire a lawyer to write a letter, go for it. If not, just chalk it up to a lesson learned.

I once put down a "deposit" in the amount of $3K and I did get it back but threatened legal action to do so and it took me quite a bit of sleuthing to get that back. I thought $3K was worth fighting over.
Rate this post positively Reply With Quote Quick reply to this message
 
Old 07-01-2011, 10:22 PM
i7pXFLbhE3gq
 
n/a posts
It would be helpful to know how much you're talking about.

If you really just paid the standard $50 or whatever application fee, you're likely hosed (and why on earth would you drive 9 hours and spend more than that to get the money back?). If you sent in a deposit, which you claim you didn't, then you're likely extra-hosed.

Frankly, I have to wonder why you'd send anything without even bothering to call and see what you were applying for. That's just bizarre.
Rate this post positively Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:


Settings
X
Data:
Loading data...
Based on 2000-2020 data
Loading data...

123
Hide US histogram

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > U.S. Forums > Oregon > Eugene area
Similar Threads

All times are GMT -6. The time now is 10:40 AM.

© 2005-2021, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Contact Us - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37 - Top