m.j.griffin87
Junior Member
What is the name of your state (only U.S. law)?
New York:
Hi my girlfriend and I are 21 and just moved to the city and have been searching for apartments. Through a broker we found an apartment that we wanted. We had signed nothing at this point. We showed the apartment to my girlfriend's sister who is also moving in with us and she said she wanted it to.
So we met with the broker and took the next step in applying. We paid the credit check fee an he also began pressuring us for the deposit which he explained would be used to pay the broker's fee. We agreed, signed this, paid 1000 and got a receipt. On the contract, it didn't say that it was not refundable, just that it would be refunded if we were not approved. We sign the actual lease not until Thursday night at the management office.
We were informed that we were all approved, though the sister still hasn't signed anything.
We've decided that the neighborhood is more dangerous than the broker hinted at, and want to move to a different neighborhood. We obviously want the deposit back. I called the management office and spoke to a girl who became somewhat aggressive when I asked if it was possible to get the deposit back. She told me she'd have to see the actual paper and that we shouldn't be giving deposits unless we were sure of our decisions. I told her that I was pressured and that the contract said that it would be refunded if we weren't approved, not anywhere that it is non-refundable. She says that it implies that it will not be refunded unless we aren't approved, even though it doesn't say it. Is that true, legally?
Is there still a way to get the deposit back?
There are also these terms to are approval:
AN IMPORTANT SIDE NOTE: The broker messed up with the receipt and the deposit agreement papers and wrote the wrong apartment number (1b instead of 2b) and I was wondering if that would completely nullify my signature on the agreement in court?
Thank you all very much. You are all much appreciated.
New York:
Hi my girlfriend and I are 21 and just moved to the city and have been searching for apartments. Through a broker we found an apartment that we wanted. We had signed nothing at this point. We showed the apartment to my girlfriend's sister who is also moving in with us and she said she wanted it to.
So we met with the broker and took the next step in applying. We paid the credit check fee an he also began pressuring us for the deposit which he explained would be used to pay the broker's fee. We agreed, signed this, paid 1000 and got a receipt. On the contract, it didn't say that it was not refundable, just that it would be refunded if we were not approved. We sign the actual lease not until Thursday night at the management office.
We were informed that we were all approved, though the sister still hasn't signed anything.
We've decided that the neighborhood is more dangerous than the broker hinted at, and want to move to a different neighborhood. We obviously want the deposit back. I called the management office and spoke to a girl who became somewhat aggressive when I asked if it was possible to get the deposit back. She told me she'd have to see the actual paper and that we shouldn't be giving deposits unless we were sure of our decisions. I told her that I was pressured and that the contract said that it would be refunded if we weren't approved, not anywhere that it is non-refundable. She says that it implies that it will not be refunded unless we aren't approved, even though it doesn't say it. Is that true, legally?
Is there still a way to get the deposit back?
There are also these terms to are approval:
SO, if we say that the sister isn't interested any more (she hasn't signed anything) and that we don't have a guarantor and cannot make 3 months rent upfront, will they then not approve us and be forced to give our deposit back?
AN IMPORTANT SIDE NOTE: The broker messed up with the receipt and the deposit agreement papers and wrote the wrong apartment number (1b instead of 2b) and I was wondering if that would completely nullify my signature on the agreement in court?
Thank you all very much. You are all much appreciated.
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