Letting agents

[kazzawilcock]

A couple of months ago we viewed a property to rent through a letting agent and decided to take it. The agent told us we had to pay a 'holding fee', to take the property off the market and to run credit checks. Aproximately 4 weeks later (1 week before we were due to move in) the agent called us and said that the landlord had decided not to accept us as tennants. We had both passed our credit checks and he gave no reason for his decision.
The letting agent have now refused to repay any of the 'holding fee'. Other agents we have spoken to have said that if the landlord pulls out we would get the money back - is this right?
Please help as we have paid an awful lot of money to this company that we can't aford to lose.

Karen

 

[Tracey]

You didn't list your state, so I can't look up your laws.

1) Read the application you filed 5 weeks ago. Does it say the "hold fee" is nonrefundable regardless of whether the landlord decides to rent to you? In Washington, the only $$ a landlord may keep is the charge for running a background check (about $35) or for running a credit check ($10). Keeping anything else 'unjustly enriches' landlord. Even if the application says landlord gets to keep all $$, that provision is likely unconscionable and cannot be enforced.

2) Sue landlord in small claims for a refund AND for damages for not telling you in a reasonable time that he wasn't renting to you. Double check that the small claims court has the power to find a contract unconscionable or to provide relief based on unjust enrichment.

How much $$ did you give them?


Good luck,
Tracey



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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.