Welcome to City-Data.com Forum!
U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > Real Estate > Renting
 [Register]
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)
Reply Start New Thread
 
Old 04-02-2013, 10:54 PM
 
Location: Honolulu
518 posts, read 763,610 times
Reputation: 592

Advertisements

So girlfriend and I found our very first apartment together. Unfortunately, the one we liked won't be vacant until May 31st, but we did get approved. So we won't be able to see/inspect the actual apartment and sign the lease until the end of May which is almost two months from now.

The landlord told us that we needed to put down the security deposit in order for them to "hold" the apartment for us. Is this standard practice or legal?

NOTE: It's a bit late now since at the time we didn't know much about apartment renting and thought it was required/standard practice but after I was reading some more on apartment renting a web page noted that it is a bad idea to put down any money to "hold" a place since nothing is in writing and we only lose out on our possible deposit ($500 since neither of us have any rental history).
Reply With Quote Quick reply to this message

 
Old 04-02-2013, 11:07 PM
 
2,091 posts, read 7,514,109 times
Reputation: 2177
It can be done. There should be something in writing stating what the money is for. if you move in with no issues the money is put toward your deposit. If you back out because you changed your mind and left the landlord without the tenant he was expecting he can keep your deposit or not. The deposit secures your spot. And protects the landlord from someone being a flake.
Reply With Quote Quick reply to this message
 
Old 04-02-2013, 11:44 PM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
Reputation: 78367
You got approved. That hurdle is already passed.

Yes, it is standard to give a deposit to hold a unit. That deposit is going to be non-refundable. You are expecting the landlord to not do any advertising and to not show the unit to anyone else, and if you back out at the last second, the landlord has lost all of that time that he could have used to find a tenant to rent that unit.

I hope you at least got a receipt that says the money you gave was to reserve an apartment for June occupancy.

If you don't give some sort of deposit, holding fee,or reservation fee, the landlord isn't going to hold a unit for you.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 12:07 AM
 
Location: Honolulu
518 posts, read 763,610 times
Reputation: 592
Yup. Looks like this is not an uncommon practice after some more reading on here and elsewhere oh the web. Thanks for the advice.

Where we screwed up is we just handed over the check without having a written statement from management saying what the money is for EXACTLY. Aka, it is a security deposit and also it is used to hold the specific unit we wanted. The check that we wrote says "security deposit" but not sure how well that will hold up if it comes down to arbitration/court.

Oh well another life lesson learned in addition to question everything and read everything before signing anything...and that is: always know exactly what you are writing a check for in writing.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 02:36 AM
 
Location: Australia
432 posts, read 1,227,946 times
Reputation: 690
Let us know in June if it all works out for the new rental place.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 10:34 AM
 
Location: North Idaho
32,634 posts, read 47,975,309 times
Reputation: 78367
Quote:
Originally Posted by ginmqi View Post
.

Where we screwed up is we just handed over the check without having a written statement from management saying what the money is for EXACTLY..
At this point, try very politely contacting the landlord and asking for a receipt. If you don't turn it into an insult or imply that the landlord is at fault, there is a very good chance that the landlord will give you a receipt.

If he doesn't, then he doesn't and you will have to wait and see. But it never hurts to ask.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 12:31 PM
FBJ
 
Location: Tall Building down by the river
39,605 posts, read 58,992,680 times
Reputation: 9451
Quote:
Originally Posted by ginmqi View Post
So girlfriend and I found our very first apartment together. Unfortunately, the one we liked won't be vacant until May 31st, but we did get approved. So we won't be able to see/inspect the actual apartment and sign the lease until the end of May which is almost two months from now.

The landlord told us that we needed to put down the security deposit in order for them to "hold" the apartment for us. Is this standard practice or legal?

NOTE: It's a bit late now since at the time we didn't know much about apartment renting and thought it was required/standard practice but after I was reading some more on apartment renting a web page noted that it is a bad idea to put down any money to "hold" a place since nothing is in writing and we only lose out on our possible deposit ($500 since neither of us have any rental history).

Yeah I just did the same thing, gave a security deposit to hold the APT and then I will be picking up the lease on Thursday of this week and then pay the remaining balance in 2 weeks. Also you only give a security deposit if you are a 100% sure that's the place you want. If you had still planned on looking around then it would not have made sense to give the deposit.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 12:46 PM
 
Location: Niagara Region
1,376 posts, read 2,164,563 times
Reputation: 4847
Yes, very standard, I always call it a commitment or deposit - allows me to take the property off the market, and is non-refundable if the prospective tenant changes his or her mind, but refundable if I turn them down because of something on their application that doesn't sit well with me although that has never happened.
Reply With Quote Quick reply to this message
 
Old 04-03-2013, 06:04 PM
 
Location: Simmering in DFW
6,952 posts, read 22,679,222 times
Reputation: 7297
I require 50% of the security deposit to hold the place but we don't sign the lease until they can inspect the house. And I have always told them they can have their money back if they don't like the house at lease signing because I also continue to show it to a coule of others and almost always have a backup party hoping they change their kinds....
Reply With Quote Quick reply to this message
 
Old 08-22-2013, 07:00 PM
 
1 posts, read 94,110 times
Reputation: 10
Had a question, gave guy a security deposit and talked with him about possibly getting it back if I didn't move in he said no I couldn't so I said that's fine I'll see you on the 30th of August with the first months rent to move in then he texted my fiancee and told her that we breached our lease and can't move in now I told the guy we would be there on the 30th with the first months rent I already have him a deposit for 1100. I have a lease signed and I'm going to show up on the 30th to pay him. if he doesn't accept the money and let me move in is there anything I can do to at least get my deposit back?
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:


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 > General Forums > Real Estate > Renting

All times are GMT -6.

© 2005-2024, 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