What legal recourse do I have if a landlord took my money for an application fee but we changed our minds and never sent the application in?

Get Legal Help Today

 Secured with SHA-256 Encryption

What legal recourse do I have if a landlord took my money for an application fee but we changed our minds and never sent the application in?

We signed him a check that he claimed he would hold until we signed the applications, which he would send via email. Naive of us, I know. However, he did send us the application but at that point my girlfriend and I decided against pursuing that property. A week or so passed and then we noticed the check had been cashed. I had sent numerous of texts asking for the money back, all of which were replied with “I’ll send it to you today”. It has been weeks and I have received nothing. I gave him a final warning before I’d seek legal advice. That was 2 days ago and today was supposed to be the day I would here back.

Asked on July 23, 2011 Minnesota

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Keep the copy of the text saying that he would be sending you the refund and print it out for future need on paper. It is an admission by him or her that you application fee is refundable. I would write him one more time asking for the refund to be given you by a stated date with reference to his text stating it would be coming to you and a copy of the print out of it.

If you do not get payment in the time demanded, you have the option of filing a lawsuit against him or her in court, possibly in the small claims court. There might be a landlord/tenant advisory board in your community as well. If so, you can contact it for help in getting your refund back. Good luck.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption