Legal Question in Real Estate Law in California

Apartment rental application fee and deposit refund
I submitted an application for an apartment which required a fee of $30 each for me and my wife ($60 total). We also put up a $100 deposit to hold an apartment. The apartment manager calls stating they could not rent to us because of a bankruptcy we had in 1996.

I told the manager, we were not told about any bankruptcy rule and that
such a rule was not stated on any of the paper work we fill out when we
submitted the application. Otherwise we would not have filled out an application. I told the manager since we were not informed about their bankruptcy rule when submitting the application, we should be entitled to a full refund of all fees and deposits. The manager told me he did not know if he could get us a refund of both the application fee and deposit. But he would try to get both refunded.

Are they required to inform us of such a rule about bankruptcy prior to the submission of the application, fees and deposits? If they do not refund our application fee & deposit or both could it be considered fraud? How do I get my money back? What are my rights in such a matter? How long does the management have to return my money? Where can I go for legal help since the legal fees would exceed the $160 I put up?

Asked on 12/06/99, 9:00 pm

Ken Koury Kenneth P. Koury, Esq.

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Re: Apartment rental application fee and deposit refund

Go to small claims court and ask for all of the money bank. My guess is you will get awarded the $100 but probably not the applicatio fee.

Answered on 12/09/99, 12:01 am

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