Legal Question in Real Estate Law in Florida

My daughter signed a lease for an apartment in college. They said she had to come up with a guarantor well both of the people were denied. We were told that she needed to pay first ,last , and a deposited. But since the credit was denied we decided not to take the apartment, now they want to hold her to pay these fees. Even thought their contract states guarantor must meet credit. Do we have to pay these fees?

Asked on 8/11/10, 4:28 pm

2 Answers from Attorneys

Shelly Schellenberg MI & FL private practice

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If the apartment charged her for a credit/criminal check, then you must pay for fees actually incurred. If the apartment denied her application to rent, due to bad/no credit, and denied her application because she could not come up with guarantors due to bad/no credit, then there was no contract. She is not obligated to pay rent or a damage deposit on a property that she never had a completed lease agreement. I'm assuming that the apartment manager did not sign a lease or tell her that she was approved or permitted to move into the property. If she did have a completed lease agreement, approved and signed by all parties (meaning your daughter and the landlord) then she may lose her deposit and even be sued for the lost rent. It is hard to determine the exact facts of your case from your question, and you should see a real estate attorney if your daughter already paid the money and wants it back, or if the Landlord takes legal action against her.

Answered on 8/16/10, 4:48 pm

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