Rental application fee

[mikeyrue]

I applied to an apartment at the very beginning of December. They didn't call or email me for months and they didn't cash the $90 check I gave them for the application fee. I recently moved in to another apartment because the first one wouldn't answer my calls. A few days ago I cancelled the $90 check because I STILL hadn't heard from the first apartment. They called me today, saying they could sue me if I didn't bring them another check or money order. Do they have a right to do this?

 

[Shadowbunny]

I applied to an apartment at the very beginning of December. They didn't call or email me for months and they didn't cash the $90 check I gave them for the application fee. I recently moved in to another apartment because the first one wouldn't answer my calls. A few days ago I cancelled the $90 check because I STILL hadn't heard from the first apartment. They called me today, saying they could sue me if I didn't bring them another check or money order. Do they have a right to do this?

What US State?

 

[Zigner]

I applied to an apartment at the very beginning of December. They didn't call or email me for months and they didn't cash the $90 check I gave them for the application fee. I recently moved in to another apartment because the first one wouldn't answer my calls. A few days ago I cancelled the $90 check because I STILL hadn't heard from the first apartment. They called me today, saying they could sue me if I didn't bring them another check or money order. Do they have a right to do this?

What did they say when you called to discuss this with them prior to putting a stop-payment on the check.

 

[mikeyrue]

What US State?

Idaho

 

[mikeyrue]

What did they say when you called to discuss this with them prior to putting a stop-payment on the check.

Most of the time they didn't answer. The one time they did, they said they hadn't run the application yet.

 

[Shadowbunny]

I applied to an apartment at the very beginning of December. They didn't call or email me for months .....

If you applied for the apt in December and it's still January, why do you say it's been "months" that they didn't contact you. At the most it would be 6-8 weeks.

 

[Zigner]

Most of the time they didn't answer. The one time they did, they said they hadn't run the application yet.

Did you advise them that you had put or would be putting a stop payment on the check at that point?

 

[xylene]

The op was quite reasonable in cancelling the check after 30 days.

The landlord had not performed in a reasonable time and is out nothing. The landlord did not have an indeterminate period to conduct the check and accept or reject the op.

My answer would be different if the OP was a tenant of the landlord. Then they would be entitled to the fee.

 

[Zigner]

The op was quite reasonable in cancelling the check after 30 days.

I don't disagree, however, the OP should have given notice that this was going to occur.