Q: I was trying to rent an apartment. Question below....
I filled out a rental application, was approved, paid the deposit and received keys and a receipt for a two bedroom apartment. Did NOT sign lease right away cuz landlord couldn't print it, printer acting up. Was promised the lease later that day. Received a text message about an hour later stating the owner of building did not want to rent to me because I'm on unemployment due to covid-19. Is there anything I can do? I've been put in a very difficult position, as I have already given notice to current landlord and they already have another tenant ready to move in.
A: Some lease provisions include a clause that it is subject to a credit check where the landlord has the option to void the lease. But to do so they must return your deposit.
If the landlord cashed your check, or kept your cash, and refuses to return it, then they are obligated to honor the written lease, even if they did not sign it. If they continue to refuse to honor the lease then demand your money back.
If they don't give you your money back then file a small claims action. I do not suggest that you demand the landlord to honor the lease at this point because they will be the worst nightmare you ever had.
You should probably consult a local attorney and provide them with a copy of the lease, and proof of your payment so that you can be advised of your specific rights under the circumstances. Good luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.