Application Deposit being withheld

[kevkilp]

My GF & I are relocating to the Philadelphia PA area. She went and looked at an apartment and signed an application agreement, left a month's deposit and we awaited approval. After we were approved the lease was sent next-day mail to our current address. (We were approved on WED, lease arrived on Fri afternoon) After reading the odd requirements stated in the lease (tenant must cover hardwood floors with rugs, tenant must plant flowers on patio in spring & summer etc) we have decided not to rent this condo.

The real estate agent then informed us she would be keeping our month's deposit because the agreement stated upon application approval we have only 48 hours to decide if we want the apartment.

How can she feel we are in a binding agreement when we were never shown a lease? She said that she told other applicants the apartment was rented once our approval was reached.

Is this legal? If we put a stop-payment on the check, does she have any legal right to sue for this money back?

It seems like she railroads tenants into having to sign the weird lease, or face forfeit of the deposit.

 

[presutin]

Did you sign a contract with the real estate agent? If so, does it have a clause where it states that she can keep the deposit? If the answer to both of these questions is no and if she has not yet cashed the check, put a stop payment on the check but be prepared for her to question the actions and certainly take you to court for it. Save all the evidence you have (emails, notes, cell phone records, etc...) to show the judge in court. Hope this helps!

 

[kevkilp]

I didn't see the form

We have signed no contract with the real estate lady. She is actually renting out her own property (the one with said deposit). The GF signed something that said we had 48hrs to decide whether we were taking the property once they approved the application or forfeit one months deposit)

Isn't this a type of railroading prospective tenants into signing the lease? The first lease she said had a fee to break the lease of $3600. That seems a bit much for me to sign. It also said that we HAD to buy area rugs and cover 80% of the hardwood floors. It had other weird things... but these were the big ones I remember.

She cashed the check, and now will not return our phone calls or emails. I guess we'll be the ones taking her to court. There's no way any damages that we caused to her by not taking the apartment are worth $985!

 

[presutin]

Take her to court. Good luck to you all!