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My friends and I were going to rent a 3 bedroom apartment but the property management declined us due to my roomates credit not being built enough. They told us they have another apartment complex with the same company that they could transfer our deposit to, and we could see if we liked it. We took a tour of the other building but said we were going to look at a few more apartments before we decided. We did not agree upon holding an apartment. Should I be refunded my deposit?
I believe I should since we didn't even see the apartment before I told them to hold my deposit.
Is there anything I can do legally?
Ok, let me try to explain it again. We were going to rent a 3 bedroom apartment from them, we were denied for the property with the 3 bedroom apartments. The company that owns that complex also owns another complex. They stated that we would be approved to move into the other complex if we wanted and they would hold our deposit until we decided we wanted to move there or not. I said ok I would like to see the other property, my friend and I viewed the property but never agreed to anything, the application we did sign was for the apartment we were declined from.
Yes, I did. They told me they wouldn't refund it because i was accepted, but the application I filled out only listed the apartment and complex I was declined from. I never signed anything listing the other complex or any other apartment number.
Are you talking about an application fee? Or did you pay a security deposit? An application fee is usually less than $100 (it's used to pay for the credit check and / or background check). A security deposit (usually a few hundred or even more) is for your LL to hold against any damage you may do while living in the apartment. An application fee is non refundable (usually). If you paid a security deposit already (#1: you were foolish to do so before being accepted, #2: the LL shouldn't even have accepted it from you until you were oked to live there, and #3: they cannot hole a security deposit for an apartment you never lived in).
$200 for my deposit. They required a deposit when you apply to hold the apartment, i never asked to hold the second apartment they showed me.
The bottom of the application states "I/we understand that a payment fo $200 is required in order to hold the unit requested during consideration of this application. I/we understand that this payment will be returned only if this application is not approved by CLR choice properties LLC or Prodighy Properties LLC. I/we hereby agree that CLR Choice Properties LLC or Prodigy Properties LLC may retain the entire payment of $200 tendered by me/us with this lease application should CLR choice properties LLC or prodigy properties llc approve the lease appication, and I/we for any reason fail, refuse, or decide not to execute a lease agreement with CLR choice properties LLC or Prodigy Properties for the unit described above."
The unit that was described above was the 3 bedroom apartment i was declined from. Would that be theloophole to take them to litigation if they do not refund my deposit?
Assuming you're not at fault,
find out who's in charge, show them the application, which shows that you did not apply for the other apartment, then threaten to take them to small claims court if they don't refund. Remind them that it is not worth their time to steal the $200 from you.
And check your state laws to see if an extra penalty or fee can be added into that small claims suit as well.
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