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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 28069
Experience:  15 years real estate, Realtor. Landlord 26 years
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My daughter (18 yrs) applied with an apartment complex and

Resolved Question:

My daughter (18 yrs) applied with an apartment complex and gave $450.00 for application fees and damage deposit. About 48 hrs later she received a letter from social security stating she was no longer eligible for benefits. This caused her to NOT be eligible for the income required of the complex. When she asked for the damage deposit minus the application fee to be possibly refunded they denied her. She never signed a lease.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Barrister replied 2 years ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
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So was she actually denied to rent due to income restrictions?
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What was the complex's response to her request for a refund?
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Thanks
Barrister
Customer: replied 2 years ago.

She knew she was not able to afford the place after receiving social security letter and she voiced this with them and their response to the refunds of any monies was denied. $45.00 for application and $405.00 for damage deposit--she never got as far as signing a lease.

Expert:  Barrister replied 2 years ago.
Ok, if she never signed a formal lease, then she could file a small claims action against them for the return of her deposit. Since she never entered into a formal lease contract, they have no legal right to retain money that was to be used for a damage deposit if she actually entered into a lease contract.
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If she files suit against them in small claims, she can get her court costs back as well as any proven damages. She doesn't need an attorney and the court clerk will have all the forms she needs to file.
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Thanks
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 28069
Experience: 15 years real estate, Realtor. Landlord 26 years
Barrister and 5 other Real Estate Law Specialists are ready to help you

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