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Loren
Loren, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 29056
Experience:  Attorney with 30 years of experience representing landlords and tenants.
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A commercial rental Company accepted my deposit check

Customer Question

A commercial rental Company accepted my deposit check prescribed to hold a particular rental unit for 7 days. I and one of the two girls in the office then went to do a walk thru. By the time we done and leaving she received a call from the other person in the office, that someone else who had already seen the unit, but had not filled out or submitted any paperwork and issued no deposit check was on his way down with his deposit and that I was out of luck simply because he had seen the unit before me. The second in charge had already accepted my deposit in front of this office manager who's argument is simply that I hadn't seen the unit yet. Doesn't their accepting my check before his entitle me to first right?
Submitted: 1 year ago.
Category: Landlord-Tenant
Expert:  Loren replied 1 year ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney, and I will do whatever I can to answer your question. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, without any written agreement to hold the unit, absent the tender of possession (giving you the keys) the promise to hold the unit for you is gratuitous and unenforceable. They would not have been legally entitled to retain your deposit if you did not lease the premises.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Loren