Landlord-Tenant

Ask a landlord-tenant lawyer and get answers ASAP

Ask a Lawyer,
Get an Answer ASAP!

My brother is blind and I helped him late Sat afternoon to…

Customer Question
My brother is blind...

My brother is blind and I helped him late Sat afternoon to view and then apply to rent an appt. Today- on Monday morning he went to them to give them proof of S. Security deposits to his checking account but decided to back out of living there. On Sat around 5:00 he gave them $240 for application fee and deposit. They would not give him back his deposit today (11:30am ) aprox when asked for by my brother. They had just finished telling him that his application would not be approved until about 5:00 today but (they were sure it would be ) This was for an apartment complex in Phoenix AZ called Desert Star Appartments.

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state the property is in?

AZ.

Lawyer's Assistant: What are the terms of the lease? Any issues related to maintenance or upkeep?

We did not get any terms or copy of the application to rent. As I stated he was just applying to live there as of this past Saturday evening. He wasn't approved yet on the background check as we understood it - not until 5:00 today.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

NO, I guess not. My name is***** manager of Desert Star Apts was called Tim

Submitted: 10 months ago.Category: Landlord-Tenant
Show More
Show Less
Ask Your Own Landlord-Tenant Question
Answered in 5 minutes by:
10/2/2017
Lawyer: Legal Eagle, Lawyer replied 10 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,319
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly

100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
Okay. Thank you.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Thanks for your patience. Do you know if the deposit was non-refundable?

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
I would prefer handling it online. Thank you. So when can we talk online?
Lawyer: Legal Eagle, Lawyer replied 10 months ago

Sure thing. Do you know if the deposit was non-refundable.

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
Don't know. The manager kept getting interrupted alot and I got lost in what to ask him about that. Have no copy of my brothers application that I filled out for him.
Customer reply replied 10 months ago
They did not give him or me one. It was $ 40 appl fee and $200 deposit.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

I see what you mean. If he was not approved to live at the place and there is nothing in the agreement stating that his deposit/appe fee was non-refundable, then the Desert Star Apartments is engaging in a breach of contract.

A breach of contract just simply means that one party was obligated to perform and they have either have not performed or have said that they will not perform. Typically, the aggrieved party is entitled to be returned to the same position they were in before the breach. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract (click here). It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court.

Ask Your Own Landlord-Tenant Question
Customer reply replied 10 months ago
Thank you.
Lawyer: Legal Eagle, Lawyer replied 10 months ago

The pleasure is all mine! Further up on the screen you should see a chance to give me a rating. 5-stars are always appreciated, but it is definitely not required! You can also click here in the future to request me individually. Don’t forget, if you haven’t already, you can always sign up for a membership with Just Answer and start asking more questions on the cheap.

Ask Your Own Landlord-Tenant Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Landlord-Tenant
Satisfied Customers: 14,319
14,319 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Thomas McJD

Thomas McJD

Lawyer

46 satisfied customers

Landlord-Tenant Law Expert

LegalWiseNC

LegalWiseNC

Attorney

0 satisfied customers

Licensed Attorney in North Carolina.

barristerinky

barristerinky

Attorney

4,430 satisfied customers

Attorney over 17 years, landlord 26 years

Infolawyer

Infolawyer

Attorney

2,264 satisfied customers

Experience representing landlords and tenants.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

1,379 satisfied customers

Licensed in multiple jurisdictions. Experienced Landlord-Tenant attorney.

Ely

Ely

Counselor at Law

1,295 satisfied customers

Attorney

LawTalk

LawTalk

Attorney

1,055 satisfied customers

I have handled Real Estate and Landlord Tenant matters for more than two decades.

< Previous | Next >

Related Landlord-Tenant Questions
On Monday, I am handing over $5,000 in the form of a
On Monday, I am handing over $5,000 in the form of a cashier's check for first month's rent and deposit on an apartment. I am picking up the keys that Saturday. How do I ensure they don't just run off… read more
Lori
Lori
Juris Doctor
2,134 satisfied customers
My son and roomie were renting an apt in Phoenix but they
Hello. My son and roomie were renting an apt in Phoenix but they decided to move because of a persistent cockroach problem that the landlord did attempt to address. They were upfront with the landlord… read more
Lori
Lori
Juris Doctor
2,134 satisfied customers
Submitted an application for a rental. the landlord said had
submitted an application for a rental. the landlord said had to submit a money order or cashiers check for $600. the receipt says that if he approves you and you do not take the place he keeps the mon… read more
Bill Attorney
Bill Attorney
law
2,809 satisfied customers
Let's get to it.. I own a two-unit duplex in Coos County in
Hello ! Let's get to it.. I own a two-unit duplex in Coos County in Oregon. Both units have a good legal rental agreement and month to month tenancy, and on April 15th I gave a two-month notice to the… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
My brother is a sex offender. He is 55 years old and was one
My brother is a sex offender. He is 55 years old and was one of ten men caught in a sting operation. The sheriff has officially approved two rental properties for him to live in in our hometown in Geo… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,520 satisfied customers
I was approved by Norris Stevens to move into apt #24 at
I was approved by Norris Stevens to move into apt #24 at Mountain Glen Apts., in Bend, OR. I gave the them a deposit to reserve the unit (#24 is noted on the receipt). Yesterday I had an appt to meet … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
31,012 satisfied customers
Landlord failed to return my security deposit and in a
Landlord failed to return my security deposit and in a letter claims he will keep it as rent for my former apt., citing since I only gave him 8 days notice, he hasn't got enough time to search for a n… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
RCW 59.18.200 Tenancy from month to month or for rental
RCW 59.18.200 Tenancy from month to month or for rental period—Termination—Armed forces exception—Exclusion of children—Conversion to condominium—Notice. … read more
CalAttorney2
CalAttorney2
Attorney
Doctoral Degree
8,845 satisfied customers
Ok my landlord said he does not have the money needed to fix
Ok my landlord said he does not have the money needed to fix our a/c aprox.3500.00 he said I'll bring over a fan to morrow today the temperature broke 100. in Tucson where I live.Can I go out on the f… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,404 satisfied customers
I moved into a rent controlled apt over 3 years ago. My
I moved into a rent controlled apt over 3 years ago. My girlfriend signed the leese 6 years ago. She now tells me that she is giving up the apartment and wants me to move out before the end of April s… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I placed a hold deposit on a RI apartment. The apt was re-listed
I placed a hold deposit on a RI apartment. The apt was re-listed on the very same day that he cashed my check. 6 days passed without a response, so I texted him. He said he wants to move ahead but tha… read more
barristerinky
barristerinky
Attorney
Doctoral Degree
4,430 satisfied customers
We live in Arizona. Our landlord gave us a rental increase
We live in Arizona. Our landlord gave us a rental increase on June 1st for the following month of July. He dated it May 31st but did not deliver it until June 1st. Are we liable. Shouldn't he deliver … read more
LawTalk
LawTalk
Attorney
Juris Doctor
1,055 satisfied customers
my brother (living in Arizona) gave $2800.00 to a landlord
my brother (living in Arizona) gave $2800.00 to a landlord for a security deposit on a house rental. Two days before moving in he drove by the place with his fiancee to "just take a look" and get insp… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
St Louis, MO. I have an agreement signed yesterday (by my boyfriend)which
St Louis, MO. I have an agreement signed yesterday (by my boyfriend)which i am told is a binding lease. I believed i was seeing a display, but now that is listed as my new address and my move in date … read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
can you help me? landlord decided that he is not giving
can you help me? landlord decided that he is not giving back my full deposit.. on june 28th this year the building i reside had an electrical fire on apt 3(only 3 apt in total )we had been living with… read more
FraudExaminerNate
FraudExaminerNate
Managing Member
Juris Doctor
286 satisfied customers
I am the owner of two mobile homes in Sandpiper Mobile
I am the owner of two mobile homes in Sandpiper Mobile Manor. It is a senior park. The park has a Co-Op Shareholder option. I own a share on the mobile home I live in. The other mobile home I have tri… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
in NY (Staten Island) can a landlord charge one month rent
in NY (Staten Island) can a landlord charge one month rent as a rental fee for advertising the appartment when a tenant leaves and has give more than proper notice?… read more
kattorney
kattorney
attorney
Doctoral Degree
209 satisfied customers
I have been renting an apt., with a 1 year lease, after the
I have been renting an apt., with a 1 year lease, after the 1 year lease was up, the rent went month to month. Total time renting currently is 2 years. I recently gave a 45 day notice that I was movin… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x