Can I recoup my Application Fee if my landlord did not use it accordingly?

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Can I recoup my Application Fee if my landlord did not use it accordingly?

So I wrote a check to my landlord for 160 40 each for 4 applications for an
Application Fee in April. We got the house and signed the lease, but my check
did not get taken from my account until September. This leads me to believe
that she did not use the 160 for the application fee, otherwise it would have
been deposited in April and not five months later. Can I fight this in order to
prevent her from swindling us for money?

Asked on September 25, 2019 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the check was a nonrefundable application fee, then she did not "swindle" you out of the money: you agreed to pay it to her, and she is entitled to the money. Just because she may have temporily misplaced or forgotten about the check, or inadvertantly processed the application without cashing the check, does not mean that she is not entitled to the fee which you agreed to pay her. A delay in cashing a check does make the fee invalid.


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