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Well the only paper signed was that the information we put on the application is accurate. Then the recipt is written as a security deposit payment with nothing saying it was "nonrefundable" ?
For the posters who said a lease has to be in writing - that depends entirely on state to state jurisdiction. In AZ, a less than one year verbal lease is considered a legally binding contract. If this were to have happened in AZ, and the landlord had some way to prove what they had stated, they would be required to cover the cost of the rent, until the landlord was able to find a "replacement" tenant. I don't know much about real estate law in other areas, but I thought I'd throw that out there.
This depends on your state, but if you didn't sign a lease, I would just ignore him. A credit check costs 15-30 dollars. If he wants to take you to court, let him. When you agree to take an apartment, you sign a lease. This guy is being a jerk. I would ignore him. You can contact a lawyer just to make sure he doesn't have a leg to stand on.
In AZ, a less than one year verbal lease is considered a legally binding contract. If this were to have happened in AZ, and the landlord had some way to prove what they had stated, they would be required to cover the cost of the rent, until the landlord was able to find a "replacement" tenant. I don't know much about real estate law in other areas, but I thought I'd throw that out there.
And since the landlord found a "replacement" tenant prior to the date the property would be available, none of that would apply anyways.
What state did this happen in?
I work in the legal field.
The short answer is: in NJ, he cannot do this.
My email is [EMAIL="pennedlyrics@mail.com"]pennedlyrics@mail.com[/EMAIL] if I can help answer questions.
As an assistant property manager, no-he cannot charge you for losses. He can charge you for the credit check and that is it, no more. You were no legally obligated to this place.
You did not sign and return any lease for the landlord to countersign, then you did not enter a contract with the landlord. Credit check does not mean anything. Anyone can do a credit check.
[The landlord has no case for more money from you other than the fee to do credit check. ]
Some landlords charge a fee up front when a potential tenant asks for an application. This is returned to the person when they sign the lease. If if the landlord does not charge at the time they hand you the application they cannot turn around and charge you latter. Its the landlords cost of doing business. As far as him turning away other intrested tenants ....will, he will learn ........not until the lease is signed is it a done deal. Its not a pleasant situtation, but people will be people.
I have a quick question about a situation which just recently happened and could use some input. I was apartment searching and just yesterday put a security deposit down for an apartment $875. No lease was signed, neither was a holding deposit agreement. An application was filled out but no talk of any money or deposit was put on this. Today I saw a great apartment that is cheaper and I am having second thoughts on the previous apartment. Is there any way to get the security deposit back or can the landlord legally keep this? I live in NC.
oh gosh, this will be a nightmare for you. i would do this:
-ask the landlord for a receipt for the deposit. a deposit contract should work. if none is supplied, you can take him to justice court and be on your way to rent another place.
-what are the terms of your lease? if it is month to month, you are ok. if not then you will have to fulfill that part of the contract
-did you sign a condition report? if not, the landlord cannot legally keep any part of your deposit.
- either way i think you will end up in justice court. always have documents and signatures. you can get your money back, but it will take a long time and a lot of hassle. good luck.
For the posters who said a lease has to be in writing - that depends entirely on state to state jurisdiction. In AZ, a less than one year verbal lease is considered a legally binding contract. If this were to have happened in AZ, and the landlord had some way to prove what they had stated, they would be required to cover the cost of the rent, until the landlord was able to find a "replacement" tenant. I don't know much about real estate law in other areas, but I thought I'd throw that out there.
i dabble a lot in property management and i have never seen a case like this hold up in court, even though it is law here in montana. i actually believe that the wording for verbal contracts has been eliminated from our governing laws on real estate here. a landlord that dumb would never even make it to court in the first place.
We could really use some advice. Here's a summary of what's transpired:
HISTORY
- Contacted landlord to check out an apartment he had available
- Landlord said he wasn't in town to show apartment but offered to have a current tenant show us around
- After looking at the apartment, we were interested in renting the apartment. Tenant had copies of the renter's agreement and credit check application which we took home
- We contacted the landlord and let him know that we liked the apartment. He said to fax the credit check application to have our credit history checked.
- We faxed the credit application and the landlord extended the offer to have us. We replied that we would send the renter's agreement
- In the same conversation, however, we also asked if we could see the apartment again. This time, he was very short with us and became defensive as to why we wanted to see the apartment again
- Turned off by his response, we decided to keep looking and found an apartment that was a better fit for us
- We informed the landlord that we decided not to go through the lease. We were going to offer to cover the charge of the credit check but he cut us off and hung up on us
AND NOW
- We just received a letter from the landlord saying that since we verbally agreed to the apartment and then reneging the agreement , he wants us to pay losses of the credit application plus additional money for losses sustained when turning away other renters.
Does the landlord have a legal right to do this? We're willing to pay the cost of the credit check, but does it sound right that we have to cover the additional cost? Would it be in our best interest to pay the amount?
We appreciate any advice you have to offer!
I would say that until you have signed a lease you have no financial or moral obligation to pay anything. No one forces the landlord to run a credit check. It is his own choice to do so (at his own expense). Also, an apartment/house isn't rented until the name is signed on the dotted line and some type of consideration (money) is handed over. That is what makes a contract a contract. Until that point in time all he has is a big, fat handful of nothing.
He hasn't a leg to stand on. Be glad - be very, very glad that you did not rent this place. I have a feeling that he would have made your life a living hell.
20yrsinBranson
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Its not a pleasant situtation, but people will be people.
