Hello,
My roomate and I looked at an apartment together and we were shown a model and it was stated that there was a promotion going on and had to fill out the application and requirements by June 19, 2009 in order to receive the promotion.
We put down $140 each on June 18, 2009 (grand total of $280) - this includes a $100 security deposit (per person) and a $40 application fee (per person) - the application fee was stated as non-refundable. June 19 came around and we were approved and we stated that we wanted to see an available unit. There was only one available unit left and that was not ready until June 23, 2009. I set an appointment for June 24, 2009 to see the unit and setup an appointment for July 1, 2009 to sign a lease. The available unit was shown on June 25; however, it was not like the model nor was it of interest.
We haven't signed a lease for this apartment. I sent an e-mail and called the office on Thursday June 25, 2009 to request a refund of the security deposit because we were no longer interested. No one from the office has made contact with me since. It is now Monday June 29, 2009 and I called the office and spoke to someone and they said that the leasing manager will call me when she is available.
We did not see the unit prior to the completion and approval of the application/security deposit. Would a refund be feasible? My copy of the application states the following: …"I/We hereby present $200 as security deposit and a $40 per person application fee as a non-refundable screening fee. Upon acceptance of this application, the deposit will be retained as part of the security deposit. When the application is approved I/We agree to execute a lease for a period of 12 months, or the deposit will be forfeited as liquidated damages for processing this application and holding a specified apartment off the market…"
With the way that is phrased I don't think we are able to get our deposit back. All I want to know if I am able to receive my deposit back, or at least half of it. I guess we may have to cut our losses.
My roomate and I looked at an apartment together and we were shown a model and it was stated that there was a promotion going on and had to fill out the application and requirements by June 19, 2009 in order to receive the promotion.
We put down $140 each on June 18, 2009 (grand total of $280) - this includes a $100 security deposit (per person) and a $40 application fee (per person) - the application fee was stated as non-refundable. June 19 came around and we were approved and we stated that we wanted to see an available unit. There was only one available unit left and that was not ready until June 23, 2009. I set an appointment for June 24, 2009 to see the unit and setup an appointment for July 1, 2009 to sign a lease. The available unit was shown on June 25; however, it was not like the model nor was it of interest.
We haven't signed a lease for this apartment. I sent an e-mail and called the office on Thursday June 25, 2009 to request a refund of the security deposit because we were no longer interested. No one from the office has made contact with me since. It is now Monday June 29, 2009 and I called the office and spoke to someone and they said that the leasing manager will call me when she is available.
We did not see the unit prior to the completion and approval of the application/security deposit. Would a refund be feasible? My copy of the application states the following: …"I/We hereby present $200 as security deposit and a $40 per person application fee as a non-refundable screening fee. Upon acceptance of this application, the deposit will be retained as part of the security deposit. When the application is approved I/We agree to execute a lease for a period of 12 months, or the deposit will be forfeited as liquidated damages for processing this application and holding a specified apartment off the market…"
With the way that is phrased I don't think we are able to get our deposit back. All I want to know if I am able to receive my deposit back, or at least half of it. I guess we may have to cut our losses.
