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My boyfriend & I went to an open house for an apartment. The building manager follows the policy of "first come first serve". We were the first ones there, so she said that she would look over our info first & if our references & credit check out fine, we would be given the place. If not, she would move on to the next person that arrived that day.

Both of us have really good credit & references so we were never concerned about that. The next day she asked for our security deposit checks so we came over to give her them & then she let us in to the place so we could take measurements for our furniture.

2 days later she told us that the owner decided to give the unit to a friend of a tenant, but we could have another unit in the building that was opening (a MUCH smaller one on the first floor). Because we had already gone through the process of applying & giving our checks, isn't it already ours?
Is there ANY way to dispute this or any legal grounds that cover our side??

2007-12-11 17:19:23 · 9 answers · asked by KVala 2 in Business & Finance Renting & Real Estate

9 answers

Do you REALLY want to pursue this ? To start with, your legal ground are extremely thin. Even if you DID prevail, do you want to force yourselves onto a landlord who doesn't want to give you the unit ? That makes no sense whatsoever.

Start looking for other premises to rent.

2007-12-11 17:28:22 · answer #1 · answered by acermill 7 · 2 0

i'm not sure about the legal side of it all, if he is not discriminating against you for race, color, creed, religion, etc, I don't know if there is anything you can do.

I once had a land lord turn me down when he saw that my car had some trash on the floor boards! I believe they can pick and choose if they think that you just aren't their best choice for the appartment, as long as they don't discriminate because of the things listed above. Good people get passed over everyday, Just like in the job market, landlords can always come up with a legitimate excuse if they need one as to why it's not you they choose. He could use any number of excuses from a bad reference to 'the other guy came and paid me first, so he gets the place", and it is very hard to prove it if you think they are lying.

I wouldn't fight him on this even though I know he's in the wrong. What do you gain? An appartment and a tattered relationship with a landlord who has already labeled you as a trouble-maker. Sure, you might get the place, but do you really want to deal with this person for the length of the lease? Even if you win, he may find little ways to make your stay very unpleasant AND get away with it legally.

2007-12-11 17:35:20 · answer #2 · answered by meg b 3 · 1 1

No, because you didn't sign a lease.

I personally would not have handed a check over for a security deposit unless a lease was in front of me to sign.

Unfortunately, unless you were being discriminated against for race, religion, etc. There isn't anything you can do.

2007-12-12 01:15:21 · answer #3 · answered by Expert8675309 7 · 1 0

Bait and switch is a selling technique. You did give a check without signing a contract. Very tricky again. You might look for another place and keep the application papers you spent so much time on.

2007-12-11 19:08:27 · answer #4 · answered by Anonymous · 0 0

Yes, they can not take the apartment a way from you with out just cause because you have already started moving in to it, once the property manager took your deposits and let you into the apartment it was yours. She must have you evicted before taking the apartment for someone else and to do that she must file it with the courts in your city. Like someone else said though, are you sure you want to pursue this? it might cause you more problems if they let you have the apartment, they might try any thing to get you out after that. If you decide to pursue this then go for damages, seek out what ever damages you can get (monetary damages) for another place in a different apartment complex. Remember, renters have rights to and they can not be infringe upon just like our constitutional rights, so go for it.
You can always try pleading your case with the property manager and try to get her to convince the property owner to let you have the apartment any way, nothing like trying before seeking out legal representation, before I forget, put every thing in writing, every thing
Take care and good luck.
Try and have a happy holiday season....cya....

2007-12-11 18:29:00 · answer #5 · answered by tmin 6 · 0 3

regardless of the criminal factors, i might take my deposit verify back and go look someplace else. a million/ Do you particularly need to handle those human beings as landlords? 2/ in case you're taking any style of criminal action, they're going to be even worse with you later.

2016-11-02 23:50:50 · answer #6 · answered by ? 4 · 0 0

Until you sign a lease or rental agreement, you have no legal rights to the apartment.

2007-12-12 03:01:14 · answer #7 · answered by LILL 7 · 1 0

I doubt it. You are entitled to a return of any deposit you made.

2007-12-12 02:17:15 · answer #8 · answered by Anonymous · 1 0

Basicly the landlord can do what he wants

2007-12-11 21:22:28 · answer #9 · answered by vlvtnrbt 3 · 1 0

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