Legal Question in Landlord & Tenant Law in Georgia

REPOSTED with more info: I applied online for an apartment in Atlanta, Ga, and paid a $125 application fee and $350 administrative fee on Thursday. It was approved at approximately 5 p.m. the same day. These fees were both stipulated as non-refundable.

My mother was diagnosed with a potentially life threatening illness yesterday, and so I called to ask today (Wednesday) if they could refund at least the admin fee, because I likely will be moving back to my home state to help her. At minimum, I can't commit to a year lease. (I haven't signed yet.)

They refused, saying it would violate the Fair Housing Act. I realize they don't have to do anything because they stated it was non-refundable when I applied online. However, is it truly a violation of the Fair Housing Act to make this exception in lieu of my circumstances, or are they just hiding behind that to avoid refunding any of my money?

My interpretation is it would not violate FHA to make this exception and refund the fee because it's not based on "race, color, national origin, religion, sex, familial status or handicap". My opinion is they just don't want to make an exception and refund the money.


Asked on 12/12/12, 10:32 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

You agreed to the nonrefundable fees and they do not want to make an exception. Whether they rely on the agreement or use some other reason, the result is the same.

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Answered on 12/12/12, 10:37 am


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