If a leasing agent at an apartment complex lied to me, can I get my application fee back?

Question

I was promised over and over again by a leasing agent at an apartment complex that I'd be able to move in on a certain date, on the 3rd floor. I followed up and confirmed with her about twice a day for a week, at the same time paid the application fee and hold fee. Two days before I was supposed to move in, she told me that she had no idea when the apartment was available. They refundede me the hold fee back. The gemeral manager would not give me back the application fee because it was stated as non-refundable on the application. However, I never would've applied if I wasn't lied to in the first place. There was no sympathy and she was extremely rude. Do I have any right to get the application fee back?

Answer 1

Do you have any written proof that you were promised that 3rd floor apartment on that specific date?

You could take them to small claims court but you would have to prove the agent promised that. If it's just your word against theirs, you're out of luck.

Answer 2

If you were promise in writing or you have a witness, the answer is no, but you can sue the agent for any monitary damages that you incurred because of this promise. The application fee is only for what is called, to apply. You were then promise and you gave money as a good faith to hold the apartment. I could only assume you must have incurred some type of cost in preparing for the move. You can sue them in small claims court for monitary damages, you must have proof of your lost. You can start by writing the agent a certified letter demanding your money you lost because of there promise, and in your letter tell them 30 days or you will be filing a small claims law suit. Usually business don´t want problems for small amount like this, so they must likely will pay you back for you application fee.

Good Luck

Answer 3

i highly doubt you'll get the app fee back, i know most app i sign and pay for has you sign it or check something saying you understand you won't get that money back. some times people pay app fees and don't even get what they where applying for and they don't get the money back

the reason they may have been rude is it's REALLY irrating talking to the same person two times a day about the SAME THING (i work in the office at an apartment complex) i'm sure they didn't mean to be rude but where just sick of answering the same question.

sometimes things happen in apartments that make the one you where SUPPOSE to move into unable to be lived in at the time you where suppose to. you can check your lease and laws on not being able to move in on certian dates.

Answer 4

How did you pay? If it was by credit card, you can request a chargeback, but it might not work, if it was only stated as a "non-refundable fee". My app fee was non-refundable unless they denied my application. Other than that, I would simply tell anyone looking for an apartment not to go to that place, and rate them poorly on apartment ratings websites.

Answer 5

Probably if you make a big enough stink. Tell them you are going to report them to the better business bureau etc. Usually the application fee is non-refundable because they have to pay to do a credit check etc. But in this case I think you are within your right to demand it be returned.

Good Luck

Answer 6

Not a chance. That she advised that you lie doesn't give you permission to lie. You signed an affidavit indicating that you didn't have a dog. That was a false affidavit. Now that you are found out, you will pay the price. Eviction is in the near future.

Answer 7

No but a call from your attorney might produce some more money back and a release from the lease.

Answer 8

try proving in a court of law...