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Ask MShore Your Own Question
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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First I asked the leasing agent if they would cash my check

Customer Question

First I asked the leasing agent if they would cash my check before I was actually approved for the apartment and they said they dont cash the check until I am approved. They cashed the check 2 hours later and now I am hot with overdraft fees because I was not expecting the check to be cashed that night. Then they told me I could get back my first months rent if I decided not to go through with the apartment. There was no security deposit paid and no lease signed. Now they are telling me they will not give me my first months rent back or pay me for my overdraft fees. This all occured within 2 days. Do I have any legal rights to get my money back?
Submitted: 6 years ago.
Category: Legal
Expert:  MShore replied 6 years ago.
Thank you for the post, I am happy to assist you by answering your questions. Was there anything in writing stating that you have a period to withdraw your application? I assume no lease was executed.
Customer: replied 6 years ago.
no there was nothing in writing
Expert:  MShore replied 6 years ago.
Was it stated in your application that the check you wrote was for the first month's rent?
Customer: replied 6 years ago.
Customer: replied 6 years ago.
i can send u over email the rental agreement
Expert:  MShore replied 6 years ago.
Thank you, I assume the application did not state that upon approval funds deposited with the landlord will be applied towards your tenancy? If this assumption is correct, your recourse is to send the landlord written notice of your request for a written lease agreement, await the landlord's response (hopefully it will indicate that a lease is forthcoming), then within 24 hours of your prior written request, offer written notice of your intention not to execute the lease or take possession, and demand the return of your first month's rent. the point of requesting the written lease was to show the landlord's course of dealing in that no lease is entered into via a verbal lease agreement and therefore no tenancy was established and as such you are entitled to the return of the first month's rent payment. If the landlord refused to return the first month's rent, your recourse is small claims court. Regarding your overdraft fees, you would claim this as compensatory damages in your small claims suit. Please let me know if you have any follow up questions.
Customer: replied 6 years ago.
But why would I only receive a portion of it back?
Expert:  MShore replied 6 years ago.
I never said you would only receive a portion of it back.