Legal Question in Real Estate Law in Florida

Apartment Application Fee

My son, a University of Miami student, is seeking an apartment. An advertisement on the school's web site seemed to meet all of his criteria. The landlord said that he dealt with students all the time, but refused to show him the apartment prior to collecting a $100 application fee that he said was for a background check. My question - is it legal to require an application fee before allowing a potential tenant to even view the site. My son applied, against my advice, and never got to even see if the place existed. The landlord said his credit was not sufficient. My son has a credit card with an $ 8,000 line of credit (he has worked for several years). When I spoke to the landlord, he said he prefers getting the application from the actual tenant, which leads me to believe that either he is not actually dealing with many students or that he is just collecting application fees for properties that he may not even have. Is it legal to insist on collecting a fee before allowing a potential tenant to even view the property?

Thanks


Asked on 9/19/06, 5:21 pm

1 Answer from Attorneys

Robert Roemer Robert Roemer

Re: Apartment Application Fee

It sounds like a fraudulent and unfair business practice from the facts you stated.In certain cases I am aware some companys charge fees to do credit checks,etc.(but $30 or so) (If you want to talk to me call me at my office or e-mail tomorrow.

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Answered on 9/19/06, 7:03 pm


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