Legal Question in Real Estate Law in Oklahoma
I was applying for an apartment to stay in. The manager asked me to bring in a $20 application fee and $250 security deposit. When she realized I have a stay at home fiance and 5 month old baby she asked for another $20 application fee. We filled out the paperwork needed to be filled out. The manager advised us that we would hear from her in a few days. We called over a week later and she said the process to be approved to stay in this apartment complex can take almost upto 30 days but she is hurrying up and trying to get us in the apartment. When we asked If we can just be refunded our deposit she said we would have to wait after the process is over and a week later we would get it mailed to us. We applied to move in a different home. Today she called my fiance and says she made her fill out the wrong form. We stated we are moving else where. She said fine but we are keeping your money. Can she do that? We never moved in the place and they get to keep a deposit for never even staying.
2 Answers from Attorneys
No. I do not believe you have to pay for an application to rent. The twenty dollars is probably a fee for credit check. It is probably in the application you filled out. Read the application and see what you signed.
You can go to small claims and try get the money back.
Do not pay money up front for filling out any application.
To be entitled to a refund of your security deposit you will need to make a written request and provide the landlord with your address. At that time the LL will have 30 days to refund the deposit. If they don't, then you can sue them.
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