Q: Can I get my application fee back if the application was not complete?
I applied for an apartment and was asked to pay an application fee of $290. Later the management team had a server change and I was asked to pay the application fee again. It was $60 this time. I paid another $60 because the front desk said they could refund the money back through bank or credit on the resident portal. But later when I ask about it the management team claim they cannot refund my original application fee, or waive my current application fee because they cannot access the old system anymore. I have the receipt and filed a claim with my bank but they are unsuccessful to recover it too. Is there anything else I can do?
A: Yes, you appear to have a viable claim against the management company. There are several causes of action that seem applicable. I think you need to apply some pressure, as I'm not sure what their intention was, but the optics aren't great for them and this could be seen as stealing. I would recommend sending a statutory civil theft notice that puts them on notice that you may be seeking treble damages plus attorney fees and costs. This may get them to evaluate the exposure and consider returning the money.
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