Paid holding fee, then landlord said I couldn't move in and refuses to return the fee. (apartment complex, lease)
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I was living in Alaska and was looking to move back to Michigan. I paid a holding deposit for an apartment in MI, and the apartment complex's website CLEARLY said that the holding fee was refundable. The only exception was that if I was approved and I signed the lease, I had to cancel within three days to recieve my money back. I got a call two days before move in to go sign the lease. I had NOT signed anything yet when they suddenly told me I had to get my pay stubs from the three previous months to show I had a job. I had already told them I didn't have a job in Michigan yet. So they took the ones from my job in Alaska, then promptly told me they would not allow me to move in anymore since I didn't have a job. I had money saved to be able to pay rent and such, but they wouldn't hear anything about it. Then they said they wouldn't refund my holding fee, because it turned into a security deposit once I signed the lease. I DID NOT sign the lease, and they still refuse to. I have fought with them repeatedly over this, and still they refuse. My question is, if I took them to court, do you think I could win? Again, I never signed the lease or anything, and they clearly stated to me when I started the apartment process that the holding fee was refundable within three days of my application being approved.
Even if the holding fee became a security deposit (do you have a receipt for that money?) their rationale is nonsense because you never signed a lease or moved in so weren't even in the place to have a security deposit used in any way, shape or form. Send them a brief and businesslike letter by return receipt certified mail simply stating the facts and tell them that if they don't return your holding deposit within 10 days of receipt of your letter that you'll go to small claims court for its return. Then just do it. From what you've said I see no reason why you wouldn't win easily and your filing fee will also be reimbursed. Good luck!
Agree. Complete malarkey. A holding fee is refunded if they turn you down. A security deposit is refunded if you leave the place in the same condition it was in when you moved in.
Either way, they obviously owe you the money.
I think you should contact the Michigan Lawyer Referral Service. You can talk to an attorney for only $20.00 for a 30 minute consultation.
I bet this apartment complex thinks you won't sue because you're in Alaska. If you get a Michigan attorney to send them a letter. Bet they'd pay up.
I researched small claims court in Alaska, just in case, but it looks like you couldn't sue them from Alaska. Should you want to talk to an Alaskan attorney, though, here's a reference.
The Alaska Bar Assoc has a lawyer referral service, too but it costs up to $125 for 30 minutes consultation.
I'd call the Michigan lawyer referral service tomorrow and get a lawyer to send a letter or make a phone call for you. Get the lawyer to ask for your lawyer's fees, too.
They told me I couldn't move in just a couple days after I moved to Michigan. I was going to stay at my parent's house until I moved into the apartment, but now they won't let me move in. I've been here a month now, and I'm sleeping on a mattress in the living room of my parents house. I'm only nineteen, so that's probably another reason the apartment owners aren't taking me seriously.
Oh I didn't realize you were in MI now. Well, you could file small claims court on your own, but I think it would be worth the $20 to call the MI lawyer referral service and see if you could get a lawyer to get them to give you back the money. I bet they'd give it back without you having to file in small claims court, if a lawyer called them or sent them a letter. It would be easier and less stressful.
Next step, get a job, then look for another apartment. Best wishes to you!
Good lord where do these people come from. Granted I don't know every nuance of law. But holy crap I won't keep someone's money if it's not warranted.
I would think you should easily get your money back. I don't get why people play these bs games with deposits and fees etc.
How much was the holding fee? The only reason I ask is you have to decide if this is worth fighting for. Sounds like total BS to me and I can't fathom they would win in small claims court. But then it is really worth your time to fight it.
I was living in Alaska and was looking to move back to Michigan. I paid a holding deposit for an apartment in MI, and the apartment complex's website CLEARLY said that the holding fee was refundable. The only exception was that if I was approved and I signed the lease, I had to cancel within three days to recieve my money back. I got a call two days before move in to go sign the lease. I had NOT signed anything yet when they suddenly told me I had to get my pay stubs from the three previous months to show I had a job. I had already told them I didn't have a job in Michigan yet. So they took the ones from my job in Alaska, then promptly told me they would not allow me to move in anymore since I didn't have a job. I had money saved to be able to pay rent and such, but they wouldn't hear anything about it. Then they said they wouldn't refund my holding fee, because it turned into a security deposit once I signed the lease. I DID NOT sign the lease, and they still refuse to. I have fought with them repeatedly over this, and still they refuse. My question is, if I took them to court, do you think I could win? Again, I never signed the lease or anything, and they clearly stated to me when I started the apartment process that the holding fee was refundable within three days of my application being approved.
Yes, you would win. MI law specifically states all money such as deposits that are refundable (make sure you have a copy of that statement) and must follow the Security Deposit laws. They can withhold any amount allowed by law including cost associated with your failure to lease the unit. However, if they are the ones denying you the unit, they are not allowed to keep the deposit.
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