is it legal for mgt to withhold deposit for an apartment I have not occupied yet?

Question

I applied for an apartment and paid $100 application fee.I was not shown the 3 bedroom model that I wanted because they claimed it was still occupied.I was shown the 2 bedroomed.The offered me the 3 bedroomed and I was due to move in august 1. I paid the deposit. 2 days later I called to tell them that I was withdrawing the application and they have charged me $250 for 6 days which is the time they say the took off the apartment off the market.This apartment is still occupied until end of the month. help

Answer 1

They really can't charge you for taking it off the market, but they could charge you the prorated amount of lost rent for the time between when you were supposed to occupy and pay rent and when they found a new paying tenant. Since they haven't actually incurred any loss, it's sleazy of them to keep your money, but that is why they ask for a deposit. It does take time and effort to find a tenant and they did lose time if you changed your mind, however--remind them it's illegal to collect double rent on a unit. Make sure you understand what they are charging you for, though--sounds like they figured it out and are calling the deduction something else.

Answer 2

Yes they can charge you if the paperwork you signed says they can. The apartment might still be occupied, but if it's going to be vacated at the end of the month, and that's now 6 days less they have to find a renter for the beginning of the next month. Your only argument might be whether it was really 2 days or 6 days.

Answer 3

When you signed the applicatin, was this in writing? Depending on what state you live in, you may be able to find a booklet called Tenant & Landlord Rights and see if there is anything in the book on it. Good Luck from a Califonia landlord.