Legal Question in Real Estate Law in California

Can an apartment complex deny you an apartment under these conditions?

My husband and I recently applied for an apartment. When we applied we left a 100.00 fee to reserve the apartment and a 50 dollar fee for a credit check. On our original applications, we noted that we had been late paying our rent a couple of times. However, we have never "Not" paid our rent. The understanding was that the hundred dollar check would not be cashed until we had been notified that there is an apartment for rent and we had accepted it. Last week, we were notified that an apartment had become available. We went right over and finished filling out the necessary paper work. I was contacted at work with the apartment number and location that we would be moving into. I was also given Sept. 9th as the move in date. Now, yesterday, we received a call telling us that we couldn't have the apartment because we had been late paying our rent at our present location on several occassions. However, both the 100 dollar check and the 50 dollar check that were not suppose to have been cashed until the deal was sealed have been cashed by our bank. My question is: Can the apartment management deny us the apartment after all of this?


Asked on 8/08/00, 7:28 pm

1 Answer from Attorneys
Barry Jorgensen The Law Office of Barry S. Jorgensen

Re: Can an apartment complex deny you an apartment under these conditions?

Tes, check the "rest of the paperwork" you filled out at the end. I would argue though that you are entitled to a return of the $100, but it's probably not worth going to small claims court.

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Answered on 9/14/00, 3:26 am


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