NYC - Charging for a Lease Not Signed

[ssedrolkrad]

What is the name of your state? New York

I was searching for an apartment in New York City, Manhattan to be exact. I found a place in Washington Heights that I liked and filled out an application (having to pay a $50 fee for application and credit check). On the application, it stated that there would be a $250 fee to draw up a lease if I were approved, and I signed the application. I was notified by the landlord that I was approved, but I was still waiting to hear back from another apartment I had applied for. I left a message with the landlord saying that I was still interested in the apartment but would be out of town until Thursday (which is today),so I would not be able to sign anything until then. He left a message saying that was fine and that the lease was with the superintendant of the building. I finally heard back from the other apartment that I was approved and plan on taking it. I called the landlord today to say that I cannot take the apartment, and he demanded that I pay $250 for the lease that was written up, even though I'm not going to be signing it. I know that the application which I signed said that I would have to pay $250 if I were approved, but doesn't that imply that I would pay only if I specify that I will be taking the apartment? Is there anything I can do?What is the name of your state?What is the name of your state?

 

[Ohiogal]

What is the name of your state? New York

I was searching for an apartment in New York City, Manhattan to be exact. I found a place in Washington Heights that I liked and filled out an application (having to pay a $50 fee for application and credit check). On the application, it stated that there would be a $250 fee to draw up a lease if I were approved, and I signed the application. I was notified by the landlord that I was approved, but I was still waiting to hear back from another apartment I had applied for. I left a message with the landlord saying that I was still interested in the apartment but would be out of town until Thursday (which is today),so I would not be able to sign anything until then. He left a message saying that was fine and that the lease was with the superintendant of the building. I finally heard back from the other apartment that I was approved and plan on taking it. I called the landlord today to say that I cannot take the apartment, and he demanded that I pay $250 for the lease that was written up, even though I'm not going to be signing it. I know that the application which I signed said that I would have to pay $250 if I were approved, but doesn't that imply that I would pay only if I specify that I will be taking the apartment? Is there anything I can do?What is the name of your state?What is the name of your state?

Read what you wrote. It states that you would have to pay the fee if you were approved. You were. Hence you owe the fee!

 

[BL]

Think of it in terms of a deposit down toward the Apt .

The Landlords have a Few or many applications . If you were approved , and the other Applicants called the LL to enquirer as to their status , they probably would be informed the Apt. was going to be taken .

If all tenants did as you done , and Landlords didn't charge a Deposit down fee for applications , the Landlords would or could be left hanging to have to do it all over again , losing rent .

It's to try and make sure an Applicant don't back out as you did .

The Landlord has a right to keep the funds .

Have you learned anything now ?

 

[xylene]

Think of it in terms of a deposit down toward the Apt

If it were a deposit - then perhaps the landlord should have collected it...

Read what you wrote. It states that you would have to pay the fee if you were approved. You were. Hence you owe the fee!

I can see your point, however lets look at exactly what the OP has said. (Ideally I would like to read the application...)

On the application, it stated that there would be a $250 fee to draw up a lease if I were approved, and I signed the application. I was notified by the landlord that I was approved,

Would be a 250 fee to draw up a lease if approved...

Lets explore a thought experiment:.

I recently paid $50 application fees for a mortgage. On the application, it stated that there would be a $3000 fee for closing if I were approved.

If I don't sign that mortgage, do I owe that 3000 dollar fee? No.

Then why would there be a lease fee owed by the tenant?

It would seem that the application is simply outlining the costs associated with the lease, it is not obligating the tenant to pay those fees without signing the lease.

If the $250 was an obligation arising out of approval, then why was the application fee not $50 fee + 250 deposit pending approval? Or the fee not simply $300

I could be dead wrong.