Legal Question in Consumer Law in California

Appartment Application Fee

I recently applied for an apartment along with my friends at a Universtiy owned apartement complex, we were told that they would probably have 15-20units available. We applied, paying $85 non-refundable application fee for each person. After the 2-3 weeks I called and was told that they would probably not have any units available because they were closing a group down for construction. Should they have told us that before we applied? Is there a way to get our money back? We were 3rd on waiting list if we didn't get in they must have made quite a bit of money off the application fees. Is that a type of fraud?


Asked on 7/01/07, 7:28 pm

2 Answers from Attorneys
Jonathan Stein Law Offices of Jonathan G. Stein

Re: Appartment Application Fee

If they knew they were closing them down when you applied, you may be able to argue that they induced you to apply when they knew you were not going to get one. But, you would have to prove that you would not have applied if you knew about it. Since you are third on the waiting list, it looks like you were close to getting a spot even with the closure. I don't think you would win. Besides, I am not sure that you could ever prove that they knew they were going to close it when you applied.

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Answered on 7/01/07, 8:26 pm
Jonas Grant Law Office of Jonas M. Grant, A.P.C.

Re: Appartment Application Fee

Take a look at CA civil code section 1950.6 - might be of interest to you.

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Answered on 7/02/07, 4:42 am


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