I live in Miami Beach, I applied to rent a place which took 200 dollar non refundable for credit and criminal background check, and the realtor took 1,450 as a deposit, he said if you don't get accepted they go back to you. Now after almost 4 weeks it seems that I am not accepted in the building, but the realtor and the landlady want to keep some or all my deposit of 1,450, they say time is money, they wasted time on me. Can they really legally do that? Can I sue them and get my deposit back? Is it worth going through a legal process, for 1,450 or it will cost me more in fees that the money I'll get back? Any suggestion will be well received, thanks!
2007-02-28 03:00:36 · 19 answers · asked by socotec68 1 in Business & Finance ➔ Renting & Real Estate
Yes the time is not relevant. There is a clause for condos usually that the purchaser has time to review the indentures/bylaws. Also, condos have first right of refusal. So if they decided to refuse your application/contract then your deposit is yours. Read your papers carefully. Is the realtor your buyer/lessor agent or was she an onsite person for the landlord? This would explain alot. If she was on site then did she disclose that she was not working in your interests? The good thing is a realtor is involved so that means you can get to someone that can hold her accountable. In addition if the reasons you were not approved are not justifiable then you have some protections under Equal Housing, Fair Housing laws against the landlady. You have all kinds of avenues. Some will take time and energy. If you want try out your poker face, you can call the realtor in question and say I am calling your broker & the -- county board of realtors, if I don't have a document to sign for the return of my downpayment by x date.
2007-02-28 06:08:19 · answer #1 · answered by q8336b 2 · 0⤊ 0⤋
That's a lot of money - even the $200 for a credit & criminal background check! I absolutely would sue!!! Perhaps the county this occurred in has a free Legal Services or Legal Aid department that can advise you about your rights. You can also read every word in anything you signed with these people to see what it says about the recovery of deposits. Good luck to you!!!
2007-02-28 03:08:53 · answer #2 · answered by Shirley T 2 · 0⤊ 0⤋
I hope you have a copy of the application. The only way they could keep the deposit is if it's in writing in the application. The application fee of $200.00 is the only legal monies that any landlord may keep. The security deposit is only for instances in which you actually live in the building to cover costs for legal expenses, cleaning fees, and damages if any such occur. Time is money, but that would be fraud to take applicants monies for it. When you own/ lease/rent one of the risks that you take is having vacant homes and charging someone else for your choices is not morale, ethical or legal.
2007-02-28 03:12:43 · answer #3 · answered by dancing11freak 2 · 0⤊ 0⤋
I have a suggestion: Before you blow money on a lawyer, you could try to get the media involved. This sounds like a scam they are well practiced at and it needs to be exposed. Most local news casts have a trouble-shooter reporter for situations just like this. Good luck.
And I agree w/Matty Mo, $200 for a credit & criminal check is way extensive! Florida is such a crooked state, I'm glad I moved away from there!
2007-02-28 03:05:52 · answer #4 · answered by Clycs 4 · 0⤊ 0⤋
You point out "Agent". If she has paid an employer to administration this belongings for her, then they are responsible for no assessments being made once you vacated. As a landlord i became into in an analogous subject some years in the past while tenant vacated having wrecked the homestead - and the argument went on for 6 months - till now I filed papers in small claims court docket and tenant ultimately desperate to launch the keeping deposit in my favour. Stand your floor, this could desire to have been pronounced with you on vacating and once you exceeded over the keys. carry the agent responsible fairly than the landlady, if she has been paying them a month-to-month cost for administration amenities. stable success.
2016-10-02 02:52:47 · answer #5 · answered by Anonymous · 0⤊ 0⤋
i would have to think that the $200 is gone but if you were told that the $1450 was to be returned if not accepted to building then by all means you should get your money back. i would take legal action or at least get a lawyer involved. do you have anything in writing as well as a receipt for the money?
2007-02-28 03:04:50 · answer #6 · answered by mdizzogg 2 · 0⤊ 0⤋
Go to your local Citizens Advice Bureau or legal aid. They cannot keep your deposit without a valid reason. The contract did not state that they would deduct any expenses from the deposit.
2007-02-28 03:03:16 · answer #7 · answered by Anonymous · 0⤊ 0⤋
From the info you gave, YES, sue them. I don't see how they can keep a deposit on an apartment you're NOT getting.
BTW---Florida is nototious for fraud scams---I would never want to live there for that very reason. It's the most corrupt state in our country.
2007-02-28 03:05:10 · answer #8 · answered by bradxschuman 6 · 0⤊ 0⤋
That's blatant fraud. You paid the $200 for their time. They can't just charge you more at their whim.
Absolutely it's worth suing them. Go file it, it's not that expensive. And be sure to add the filing costs to the amount you're suing them for upfront on the filing. Most small claims, you can't add more after.
Sounds like a bunch of crooks to me. Be glad you don't have to deal with them daily like if you did live there.
2007-02-28 03:04:39 · answer #9 · answered by Yanswersmonitorsarenazis 5 · 1⤊ 0⤋
sounds like they are legally only entitled to the 200 dollars non refundable deposit not the rest. i would definately go to small claims court. you can do it yourself and once they see you are going this route they will most likely pay up before the court date. good luck!
2007-02-28 04:48:47 · answer #10 · answered by want to know 2 · 0⤊ 0⤋