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Applied for an apartment but declined (more)..

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Applied for an apartment but declined (more)..

Postby kassi » Wed Jul 30, 2008 8:38 am

I applied at an apartment building paid the 35$ application fee and was told that there were only 2 apartments left for rent and that between now and the time my credit check went through that they may be gone. So the woman suggested a 200$ deposit to hold the one apartment that I liked the best, immediately I asked her if it was refundable and she said yes. I went to get the money orders and returned with the 200$ money order for them. I then asked again and she reassured me if I was declined it would be refunded.

Fast forward a day later I was declined. I asked for my deposit back and the woman rambled on about trying to get a cosigner. I said I do not have anyone to cosign with me and she said okay. Fast forward about a week later I called and left a message about getting my deposit back. No one answered left a message. The lady was nice and so were the other people I met there so I gave them the benefit of the doubt thinking they were busy etc. I called two more times afterwards and had no return phone calls. So this Monday I called and left a message again and then started to panic. Tuesday I called and the woman answered and I asked her about the deposit and when she was returning it. She said "I called you about a week and a half ago about it the time has passed to get it back." Immediately I stated that I left more then 1 message, stated from the get go that I wanted it back, stated that she knew I wanted it back, and she agreed.

She then stated that they were not a bank and I blew my stack. I told her of course they are not a bank they are not allowed to deposit money that is not theres when there was ample notice / time / my address / my cell phone number / emergency contact all on the paper work I had signed. She lied about calling me, she didn't leave a message, no email, nothing.

I asked to speak to her manager and got the run around with that then was told she would call be back asap when she was done. An hour later I was stewing still waiting so I called and left a message to call asap and briefly explained the situation. Fast forward another 30 minutes still no call back. So I called again and this time the manager answered the phone. I told her who it was and why I was calling and I asked to explain the situation and she replied with "I already heard your message." My message was not the whole story. She stated she didnt want to hear it and she had her from the other woman already. I blew it.

I told her that she would let me speak my part. I can tell you that I swear she either put me on hold or sat the phone down and when I told her what a bind she put me in and that I had called multiple times about it she didn't care. I told her she had three options. She was being extremely rude to me and did not care to talk to me about it all so I told her the 3 options a) return the money civilly both sides to apologize b) i contact a lawyer c) i contact the local news in her area. She then stated I choose option b and hung up on me.

So I decided to go with option d) Contact the management company of the apartment, contact the local news, post on here and get a few thoughts / comments / suggestions, and call every other day asking about my 200$ deposit back (which i was told to do by a lawyer and a friend).

Do I have any legal rights with this? I had a witness to the refund a friend who was there. I also told multiple people what was going on about the 200$ holding deposit fee which was stated as refundable.
kassi
 
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Joined: Wed Jul 30, 2008 8:21 am

Media

Postby Emeraldstar » Wed Jul 30, 2008 8:36 pm

Hi All
Check on some news/media sites like shame on you. Perhaps they will help?
Emeraldstar
 
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Postby Cranky Tenant » Thu Jul 31, 2008 2:04 am

1 - Contact the NYS Attorney General's Office

From http://www.oag.state.ny.us/realestate/habitability.html

APARTMENT REFERRAL AGENCIES

Businesses that charge a fee for providing information about the location and availability of rental housing must be licensed by the State. The fees charged by these firms may not exceed one month's rent. When the information provided by the firms does not result in a rental, the entire amount of any pre-paid fee, less $15.00, must be returned to the tenant. Criminal prosecution for violations of this law may be brought by the Attorney General. (Real Property Law, Article 12-C)

2 - Contact the NYC Department of Consumer Affairs

3- Sue them in NYC Small Claims Court
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
 
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New York

Postby Emeraldstar » Thu Jul 31, 2008 9:27 pm

Hi All
The post is beyond NY, but maybe a similar approach can help in your area?
Emeraldstar
 
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Postby Cranky Tenant » Thu Jul 31, 2008 11:17 pm

Oops! Sorry!! I just clicked on "Posts since your last visit" and didn't realize this was beyond New York.
I'm a cranky tenant NOT a cranky lawyer.
Cranky Tenant
 
Posts: 1791
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