bull_rooster_aardvark
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He can definitely turn you down because someone offered him more money, but he can't turn you down a valid full-price offer for this reason and then still keep the application fee. You are right, he is cheating you.
If he'd said I'm turning you down becuase your credit or work history was bad, or something like that - I would still say he could turn you down and keep the deposit, but if your application was fine he just found someone he liked better - then you are absolutely right.
As to the what can you do, this is a bit tougher. I'd first call him up and try one more time. Tell him you don't want the apartment but you just want your application fee back since there was nothing wrong with the application. If he refuses but still claims your application was otherwise fine, then I'd simply go file in small claims court in your county. The only problem with small calims court is, in this case if he went in and told the judge he turned you down for credit problems (or some other valid reason) and could prove that indeed your credit was not good enough - then the judge may believe him and you could lose. Still, gotta try it.
Now make sure you legitimately were turned down just beacuse he found someone else, but otherwise your application was fine - if you can somehow get him to put that in writing you case is much stronger (amybe asking him to send you a letter explaining why you were turned down, but I can't believe he'd be stupid enough to do this - still you never know). If he starts to claim you were turned down for credit reasons (or whatever) and he can prove this, then even if he's lying it will be ral hard to prove and thus real hard to win in small claims court.
Best luck. |
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jupyter_flew
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You threaten him with a law suit if he doesn't give you back the application fees. You already placed the deposit down and completed applications which show, in good faith, that you two made a deal and you have written proof (the application). What a pr!ck.
At least you found out what kind of person he is before you signed a lease. |
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runs_with_scissors
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Sounds both illegal and unethical. Have an attorney call this dirtbag, and see if his @ss can be straightened out. |
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ncangel89
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if he told you the fee was non-refundable....nothing. If he didn't tell you, ask for it back or take it to court |
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acermill
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As long as you do not have a signed lease, you can look for another apartment. A landlord can chose whomever he/she wishes as a tenant, as long as the reason(s) he uses are not in violation of the Fair Housing Act.
Since it is only a day past your application, I would think he should be gracious and refund your application fee as well as your deposits.
I note that others are advising you to file a Fair Housing Discrimination complaint. Turning you down for a better offer is not a violation of Fair Housing. Fair Housing relates to discrimination, and more money from another offer is not discriminatory. |
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tool
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Yeah, you should of not have paid with a certified check. Personal check allows you to cancel.
It depends if any language was used on the app in regards to the application fee itself. Did it say non-refundable?
Anyway, if it did or didn't you can take it to small claims court assuming it's worth the $40 file fee and time. Landlord's could just say they got a hire bid to everyone so they can keep the app fees-there may not even be an apartment available for real-he can just make $100s of dollars saying there is, get the fee from interested people, and then say sorry you didn't get it. This is an illegal practice.
Call him and ask him. Then mention small claims. he may just give the money back! |
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Tif
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w/o a signed lease agreement you are probably screwed. find out if he is a member of any sort of "rental property" association and speak w/ them. |
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aitkenpatty
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You need to check into the landlord tenant laws in your area. You also need to look at the application form you filled out and see if there was any consent form you signed that stipulated the arrangements you were making.
Depending on how many rentals this person has, you could file a fair housing discrimination claim against him. You could contact your local HUD office regarding that.
Last but not least you do have the option of the Better Business Bureau to report his bad business practices.
Botton line, if you had already completed your application and were approved you should not have been cancelled or lost any money. As long as you did not cancel then you would have a good case to win. I work for a large real estate company and can tell you first hand that a Fair Housing Claim can be scary and the landlord may refund your money if you tell him you plan to file a fair housing claim on the basis of discrimination. |
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littletricky
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You can file a complaint and sue him for it but Im sure your time is worth more than 100 bucks.....what a jerk. I would call him every day and be the most annoying pain in the *** ever until he gave me my money back. Geez, he's going to make more off the apartment so he can afford it. Plus if you signed a lease I don't think he can do that. Thank god you aren't moving in there, sounds like your life would have been a nightmare. |
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marymartha_wilkins
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application fees are nothing. I would find a place for rent that doesnot have application fees.
You can sue if you have documentation of that fact.you could ask for your money back and you could ask if he has any other place for rent that would fit your budget a little more.
State laws are different in any state on landlors and tenant law so you will need to fine what the law is where you are at before you sue him. |
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trippystemny
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Did you keep the contract that you signed?
Review it, and see if it says anything about a refund of the application fee.
If it does, you're screwed. If not, sue. |
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Ken
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You have a valid agreement for the rental of the apartment. He offered to rent the apartment and you accepted that offer by tendering the deposit. If there were certain contingencies (credit check, etc,) one of those was not him receiving a better offer. I would threated to sue him and follow through with an attorney if he does not give you a 100% refund. If possible, also make a complaint with the department of housing in the city.
Good luck. |
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grand theft auto
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get with his bank and tell him that he cheated you out on rent or get a law suit both works |
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