Will he have to pay rent for an apartment he wasn't approved for?

[Ap007]

What is the name of your state (only U.S. law)? Ks My boyfriend put a deposit on an apartment and signed a lease for that apartment, however it was declined because his last apartment contract was not up for giving a 30 day notice 3 days late. Now this other apartment is charging him for the first months rent for holding the apartment which they still haven't rented out and this was back in August. They told him if he doesn't pay it they will send it to collections. Question is.. Will he have to pay the first months rent to an apartment he was not given keys to or accepted for?

 

[adjusterjack]

Will he have to pay the first months rent to an apartment he was not given keys to or accepted for?

Yes, he will have to pay if he doesn't want the financial consequences of not paying.

 

[Ap007]

Does it matter if he put a deposit down already for the apartment and wasn't refunded due to the cancellation of the lease?

 

[adjusterjack]

Does it matter if he put a deposit down already for the apartment and wasn't refunded due to the cancellation of the lease?

The deposit will be applied to any money damages or costs incurred by the landlord while attempting to re-rent.

While the landlord has a duty to mitigate (re-rent as soon as reasonably possible) he has no duty to give priority to the unit in question if there are other comparable units that have to be filled first.

Under those circumstances if all he is being charged is the first month, then he would be wise to pay the additional amount above the deposit to get out from under this.

After all, it was his own behavior with the prior landlord that got him disqualified. The current landlord is not doing anything wrong.