Can an apartment be given to someone else afterwe have paid the holding and application fees?
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Can an apartment be given to someone else afterwe have paid the holding and application fees?
In a community of 200 apartments, can a unit for which a tenant has paid holding and application fees be given to someone else by the leasing office? We paid all the fee 9 days ago. They informed us 3 days ago that the unit we chose cannot be given to us. The credit check was being done and we don’t expect anything to come up and also we are tenants in the same community for the last 1.5 years. We were looking to transfer to a larger apartment.
Asked on March 12, 2012 under Real Estate Law, Arizona
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If you have no written lease for the actual unit that you want to occupy, then even though you have paid the holding and application fee that you have written about, the landlord is under no contractual obligation to give you the unit to occupy that you desire.
If you have an actual lease for the unit you want where the address is clearly stated, then you have the contractual right to the unit. However, from what you have written, this does not appear to be the case.
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