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Wanting my Holding fee back

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Alicia62

Junior Member
What is the name of your state (only U.S. law)? Arkansas
Hello,
My son was planning on attending school in Harrison Arkansas this fall and we paid a popular Apt. complex there 200.00 to put him on the waiting list for an apt. in August. As of this date they are not able to offer us an apt. yet. We told them we would wait and see and hopefully something would come up or maybe in Sept. However, things have changed for us and we are not going to be able to afford to send him to school and called to have him taken off the waiting list. I also requested our 200.00 back. They say they can't give it back and we went round and round and it actually seemed like a "catch 22" in that no scenario would get you your money back. To me that is not fair ---we in no way harmed them. I could see if we backed out of the apt once we agreed but there is no apt and no agreement. We simply paid to be on the waiting list. I just want to know if i can get my money back. Thanks!
 


sandyclaus

Senior Member
What is the name of your state (only U.S. law)? Arkansas
Hello,
My son was planning on attending school in Harrison Arkansas this fall and we paid a popular Apt. complex there 200.00 to put him on the waiting list for an apt. in August. As of this date they are not able to offer us an apt. yet. We told them we would wait and see and hopefully something would come up or maybe in Sept. However, things have changed for us and we are not going to be able to afford to send him to school and called to have him taken off the waiting list. I also requested our 200.00 back. They say they can't give it back and we went round and round and it actually seemed like a "catch 22" in that no scenario would get you your money back. To me that is not fair ---we in no way harmed them. I could see if we backed out of the apt once we agreed but there is no apt and no agreement. We simply paid to be on the waiting list. I just want to know if i can get my money back. Thanks!
Did you sign any kind of agreement in return for the $200 fee you paid to be put on a waiting list? Does it state terms under which the fee would or would not be redundable?

I would tend to agree with you. The "holding" fee, as you put it, is not intended to hold a specific rental unit for you (i.e., to keep it available exclusively for you when it becomes available) as there is no vacancy at this point. The complex is not out any money by removing you from their list (I'm assuming you are not at the top of this list, and even if you were, it would be irrelevant as no units are going to be available in the next month anyway). I figure as popular as you claim that complex to be, there is no shortage of other persons willing to remain on that waiting list until a unit becomes available.

Barring any terms in any agreement you may have signed to the contrary, I believe that you are entitled to a refund of your fee. Write the complex a letter, send it certified/return receipt requested, demanding your money back and threatening them with legal action if they do not comply. You might even file a complaint with the BBB regarding their bad business practices of keeping holding fees they are not entitled to.
 

Cvillecpm

Senior Member
Your CHANGE OF MIND is EXACTLY why they have a Holding Fee...it is not subject to return because you change your mind....NEXT!
 

Baranov

Member
You paid for the apartment complex to conduct a background and credit check and for them to place you on a waiting list. They held to the terms of the agreement. What part of non refundable did you not understand? Now, if this were a holding deposit it may be a different story since most states don’t really address the issue or are vague on it.
 

Cvillecpm

Senior Member
SMART landlords may apply it ULTIMATELY to the security deposit; however, at the original taking, it is a holding fee/deposit to remove the requirement for the assignment of the $$$ to a unit and execution of a lease. You are paying for their TIME and EFFORT
 

Ridddle

Junior Member
I live in NY so can not say the same will work for you or your outcome will be the same but I sued in small claims and won. The judge ruled that the complex was not out any money since I was number 15 on the list and at the rate the apts become vacant chances were I would be on the list a few years.
 

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