Sunday, December 21, 2014

Is it legal to confiscate a deposit on an apartment when there is no signed lease but the individual signed a reservation agreement on an ap...

Question

Is it legal to confiscate a deposit on an apartment when there is no signed lease but the individual signed a reservation agreement on an apartment that would not be available until Novemvber 11? The reason being that the individual is new to the US and has no credit and the landlord wanted her to sign a lease and email it to them and then appear in person to sign another lease. The person decided not to rent there because they became suspicious of their business practices.



Answer

The document which was signed controls. It is possible to require a non-refundable reservation deposit if valuable consideration is provided to the potential lessee.



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