Would it be considered a breach of contract if an apartment gave away the unit we applied for after a hold was put on and we received a welcome letter?

The welcome home letter stated our move in date, our resident address, what need to be completed before the move in date, etc. We where going to sign and email back until they called last minute asking if we would like a different unit. We told them know we paid a hold fee to hold that specific unit. Instead of providing the other tenant (who just showed up) what they had available they gave our unit back. School starts soon, I’m pregnant with my 2nd, we already confirmed our move out date with our current landlord. So I’m wonder, did this apartment complex breach of contract?

Asked on July 15, 2012 under Real Estate Law, Georgia


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written, unless you had an actual lease agreement dated and signed by yourself and the landlord or his or her property manager for the unit that you wanted to occupy but are not allowed to do so there is no breach of contract claim that I see. To have a breach of contract claim, you need to have an actual binding contract. You have not written that you do.

If you cannot get a unit where the complex is located, you are entitled to a full refund of all deposits that you may have made.

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