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?

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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 12 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.

 


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