Legal Question in Civil Rights Law in Oklahoma

Pro-rate

I will be moving into an apartment on the 5th of August and they are charging me a whole months rent. I wanted to know is this legal? Every other place I have rented pro-rates if you aren't moving in on the first day of the month. Also I put down a deposit and when I went in to sign the lease there were a bunch of hidden fees that were not disclosed when I put my deposit down, I was told once an apartment came available that my deposit would not be refundable, is this legal if a lease has not been signed that the deposit can be held?


Asked on 7/22/07, 2:45 pm

1 Answer from Attorneys

Re: Pro-rate

First of all, the law allows the fifth (5th) day of the month before and after any legal action is taken to evict, but it also allows a grace period, which applies to the landlord in establishing when rent is payable or due. Secondly, disclosure laws to apply to any charges or fees that were undisclosed prior to your signing of the lease agreement. You must know what you are signing and agreeing to at the time your signature is applied. Otherwise, it is recommended that you do not sign it. Finally, the landlord had no legal right to collect a "deposit" if no apartment is secured or available. Additionally, it is wrongful to charge rent if no apartment is available. And, your deposit is forfeited only if you; the Tenant, fails to perform an act that was outlined and agreed to in your lease or contract agreement.

The purpose of the deposit is to secure cost for any damages after you vacate the apartment. Or, it is a legal act of receiving money on the premise of preserving its use or returning it in-kind. Therefore, the landlord can only keep the deposit as earnest money or security of in the performance of your lease agreement. However, by law, she can charge a small non-refundable fee for the application process. However, but this fee should not be construde as a deposit because a lease agreement cannot be finalized or secured if no apartment is secured.

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Answered on 8/02/07, 11:52 am


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